The Kerala High Court Advocates’ Association will file a writ petition against the steep court fee hike. A statewide token strike is also on the cards if Bar Associations agree.
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Kochi: The Kerala High Court Advocates’ Association (KHCAA) has decided to file a writ petition in the Kerala High Court against the recent increase in court fees across the State. This decision was taken in the General Body meeting of the Association held on April 4, where the proposal by Association President Yeshwant Shenoy was agreed upon by everyone present.
The body gave full support to the suggestion and decided to go ahead with the legal challenge.
Along with this, the General Body has also allowed the Association to call a token strike on Wednesday, April 9, if all the Bar Associations in Kerala agree to join.
Last year, the Kerala Government had formed a special committee with five members. The committee was led by retired Kerala High Court Judge Justice VK Mohanan. Its job was to study the old court fee structure and suggest how it should be changed. This was being done so that the Kerala Court Fees and Suits Valuation Act, 1959 could be updated to meet present-day needs.
Later, during the State Budget speech on February 7, Finance Minister KN Balagopal explained why the court fee hike was necessary. He said that the increase is meant to deal with inflation and also improve court infrastructure and welfare benefits for advocates and their clerks.
This is the first time in more than 20 years that the court fee rates have been changed in Kerala. These new rates were officially passed by the Kerala Legislative Assembly on March 25 as part of the finance bill. The revised court fees came into effect from April 1.
The increase is very high — in some cases, the court fees have gone up by 500% to even more than 6500%. However, it is important to note that the fees for filing Habeas Corpus petitions and Public Interest Litigations (PILs) in the High Court have not been changed.
Below are the new court fee details announced by the government:
- Rs 1,000 for petitions to take possession of secured assets under SARFAESI Act
- Rs 500 for bail and anticipatory bail applications under Bharatiya Nagarik Suraksha Sanhita, 2023 before High Court
- Rs 200 for bail application before Sessions Court
- Rs 250 for anticipatory bail before Sessions Court (and 50% of this for later petitions)
- Rs 50 per person for bail before other courts, up to Rs 250
- Rs 30 in District/Sub Courts and Rs 20 in other courts for general applications or petitions
- Rs 500 for suits for declaratory decree
- Rs 2,500 for injunction suits
- For trust property cases – 1/5th of market value or minimum Rs 5,000; if not listed, then Rs 1,000
- Possession under Specific Relief Act – 1/3rd of market value or Rs 10,000, whichever is more
- For general immovable property possession – market value or Rs 20,000, whichever is higher
- Easement rights suits – relief amount or Rs 5,000, whichever is more
- Suits for accounts – suit amount or Rs 5,000, whichever is more
- Partition suits: Rs 500 in Munsiff Court; Rs 2,000 in Sub/District Court
- Suits for cancellation of decrees – based on property value
- Survey & Boundaries Act cases – up to Rs 5,000
- Suits for register changes – Rs 75
- Public matter suits: Rs 500 in Munsiff Court; Rs 1,000 in Sub/District Court
- Unlisted suits: Rs 125 in Revenue Court; Rs 250 in Munsiff; Rs 1,000–2,000 in Sub/District Court depending on subject value
- Under Section 74 of the Act, income limit for certain categories is now Rs 3 lakh and claim limit Rs 10 lakh
- Legal Benefit Fund (Section 76): 0.5% of award amount in arbitration; Rs 100 for petitions under SARFAESI and original High Court petitions
- For compensation claims like death due to criminal acts, fees are capped at 1% of total amount
- Arbitration-related applications in High Court: Rs 1,000 and 1% of award under certain rules
- Execution of foreign awards:
- Up to Rs 1 lakh – 1%
- Rs 1–10 lakh – 1% of first Rs 1 lakh, then 0.75%
- Rs 10 lakh–Rs 1 crore – 0.5%
- Above Rs 1 crore – 0.25%, max Rs 50,000
- Additional provisions added for fees on raised award in land acquisition
- No fees for Habeas Corpus and PILs in High Court
- Panchayat election petition fees:
- Rs 250 for member
- Rs 500 for President/Vice-President
- Rs 1,000 for Block Panchayat member
- Rs 2,000 for Block Panchayat President/Vice-President
- Rs 1,500 for District Panchayat member
- Rs 2,500 for District Panchayat President/Vice-President
- Municipal elections:
- Rs 1,500 for Councillor
- Rs 3,000 for Mayor, Deputy Mayor, Chairman or Vice-Chairman
- MLA or MP election petitions – Rs 1,250
- Inquiries or commissions – 5% fee
- 2% fee on additional compensation under Telegraph Act, Electricity Act, and related laws
- Application under Order XXI Rule 58, Rule 97 CPC:
- Rs 500 in Munsiff Court
- Rs 1,000 in Sub/District Court
- Rs 1,000 for appeals or revisions
- All fixed fees under Schedule II (except items 20 and 21) increased five times
In 2024, based on a temporary report from the committee, the government had already raised court fees for family court and cheque bounce cases under the Negotiable Instruments Act.
These earlier changes are still being challenged in the High Court. Both the Bar Council of Kerala and KHCAA are strongly opposing those hikes as well.
The legal community is now preparing for a serious legal fight to roll back what many see as an unfair and burdensome increase in court fees, especially affecting common people who approach the courts for justice.
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