Arijit Pasayat, C.J.

Questioning legality of requirement to pay court fee of Rs. 100/- for filing of writ appeals, Original Petition has been filed. Petitioners in the Original Petition are appellants in writ appeal and since requisite court fees have not been paid, a defect was pointed out. In the Original Petition, it has been urged that when no fee is required to be paid for filing an Original Petition, there is no logic for demanding court fee for writ appeal. It is stated that such provision is ultra vires and is an unreasonable restriction on the right to prefer an appeal.

2. At this juncture, a journey over the legislative history relating to payment of court fees in State of Kerala would be appropriate. Kerala Court Fees and Suits Valuation Act, 1959 (in short'the act) came into force with effect from 1.2.1962. Section 52 deals with'appeals Said provision reads as follows:

"52. Appeals :- The fee payable in an appeal shall be the same as the fee that would payable in the court of first instance on the subject matter of the appeal:

Provided that, in levying fee on a memorandum of appeal against a final decree by a person whose appeal against the preliminary decree passed by the court of first instance or by the court of appeal is pending, credit shall be given for the fee paid by such person in the appeal against the preliminary decree:

Provided further that one third of the fee payable in an appeal shall be paid at the stage of admission of first appeal or second appeal as the case may be and the balance shall be paid within such period, not later than fifteen days from the date of such admissions as may be specified by the court; in case the appeal is admitted:

Provided also that the court may, for sufficient reasons to be recorded in writing, extend the period up to thirty days.

Explanation (1) - Whether the appeal is against the refusal of a relief or against the grant of the relief, the fee payable in the appeal shall be the same as the fee that would be payable on the relief in the court of first instance.

Explanation (2) -Costs shall not be deemed to form part of the subject matter of the appeal except where such costs form themselves the subject matter of the appeal or relief is claimed as regards costs on grounds additional to, or independent of, the relief claimed regarding the main subject matter in the suit.

Explanation (3) - In claims which include the award of interest subsequent to the institution of the suit, the interest accrued during the pendency of the suit till the date of decree shall be deemed to be part of the subject matter of appeal except where such interest is relinquished.

Explanation (4) - Where the relief prayed for in the appeal is different from the relief prayed for or refused in the court of first instance, the fee payable in the appeal shall be the fee that would be payable in the court of first instance on the relief prayed for in the appeal.

Explanation (5) - Where the market value of the subject matter of the appeal has to be ascertained for purpose of computing or determining the fee payable, such market value shall be ascertained as on the date of presentation of the plaint."

Section 83 of the Act deals with 'power of High Court to make rules' and reads as follows:

"83. Power of High Court to make rules:- (1) The High Court may make rules to provide for or regulate all or any of the following matters, namely

(a) the fees payable for serving and executing processes issued by the High Court in its appellate jurisdiction and by the Civil and Criminal Courts subordinate thereto;

(b) the remuneration of persons employed by the courts mentioned in clause (a) in the service or execution of processes;

(c) the fixing by District and Sessions Judges and District Magistrates of the number of process-servers necessary to be employed for the service and execution of processes issued from their respective courts and the courts subordinate thereto;

(d) the display in each court of a table in the En