In a strong move against the recently implemented court fee hike in Kerala, the Kerala High Court Advocates’ Association (KHCAA) has decided to file a writ petition challenging the government’s decision. The announcement came following a unanimous resolution adopted during the Association’s General Body meeting held on April 4, 2025.
“The General Body approved the suggestion of KHCAA President Yeshwant Shenoy to challenge the hike before the High Court,” the Association said.
TOKEN STRIKE LIKELY ON APRIL 9
The General Body also gave the green light for a token strike on Wednesday, April 9, if supported by all Bar Associations in Kerala. The strike is intended as a symbolic protest against the fee hike, which advocates say imposes a heavy financial burden on litigants.
BACKGROUND: COMMITTEE RECOMMENDATIONS AND BUDGET ANNOUNCEMENT
The State government constituted a five-member committee in 2023, chaired by retired High Court Judge Justice VK Mohanan, to review and suggest changes to the Kerala Court Fees and Suits Valuation Act, 1959.
In his February 7, 2025 budget speech, Finance Minister K.N. Balagopal stated:
“The hikes have been proposed after taking into consideration inflation burdens and demands from several quarters to improve judicial infrastructure and enhance benefits provided by the Advocate Welfare Funds and Advocates Clerks Welfare Funds.”
The Finance Bill, containing the revised fees, was passed on March 25 in the Kerala Legislative Assembly, and the changes came into effect on April 1, 2025. This marks the first revision in court fees in over 20 years.
FEE HIKE RANGES FROM 500% TO OVER 6500%
- While Habeas Corpus and Public Interest Litigation (PIL) filings before the Kerala High Court have been exempted, many other categories have seen dramatic increases in fees.
- EXAMPLES OF THE REVISED COURT FEES:
- SARFAESI petitions: ₹1,000
- Bail/Anticipatory Bail (High Court): ₹500
- Bail (Sessions Court): ₹200
- Anticipatory Bail (Sessions Court): ₹250
- Suits for injunction: ₹2,500
- Suits for possession (immovable property): Market value or ₹20,000
- Partition suits: ₹500 (Munsiff), ₹2,000 (District/Sub-Court)
- Legal Benefit Fund under the Arbitration Act: 0.5% of the award amount
- Election petitions (MLAs/MPs): ₹1,250
- Foreign award execution: Up to ₹50,000 (based on claim slabs)
- Fixed court fees under Schedule II: Increased fivefold (except a few provisions)
- The revised fees apply across civil, criminal, arbitration, land acquisition, trust, election, and property-related matters.
PREVIOUS REVISIONS ALREADY UNDER CHALLENGE
In 2024, based on the committee’s interim report, the government revised fees for family court matters and cases under the Negotiable Instruments Act. These changes are already being legally challenged before the High Court.
The Bar Council of Kerala and the Kerala High Court Advocates’ Association have expressed strong opposition to all fee hikes, citing concerns about access to justice and the financial strain on litigants and lawyers alike.
KHCAA TAKES THE LEAD
The KHCAA’s upcoming writ petition is expected to bring judicial scrutiny over the extent, proportionality, and necessity of the fee hike. If successful, it could set a precedent and prompt a re-evaluation of the newly enforced structure.
