The right to appeal is substantive and determined by the law in effect at the original proceeding's initiation, not subject to retrospective fee increases.

ORDER :

Muralee Krishna, J.

The preliminary point we have to decide by this order is as to whether the court fee to be paid in this writ appeal is at the revised rate notified with effect from 01.04.2025, as per the Kerala Finance Act, 2025 amending the Kerala Court Fees and Suits Valuation Act, 1959 (the ‘Court Fees Act’ in short), or at the pre-revised rate, since the writ petition from which the appeal arose was instituted prior to the amendment?

2. The petitioner in W.P.(C)No.34972 of 2024 filed this writ appeal under Section 5 (i) of the Kerala High Court Act, 1958, challenging the judgment dated 13.05.2025 passed by the learned Single Judge in that writ petition. The appellant paid the court fee of Rs.200/- under Schedule II Article 1(A)(2)(c) of the Court Fees Act. The appeal was filed on 26.08.2025. W.P.(C)No.34972 of 2024 was filed by the appellant on 04.10.2024 under Article 226 of the Constitution of India seeking a writ of certiorari to quash Exts.P7 and P12 orders and other consequential reliefs.

3. The appeal was filed with a delay of 73 days. As per the order dated 18.09.2025 in C.M.Appl.No.1 of 2025, we condoned the delay and listed the appeal for admission.

4. On 23.10.2025, when the 5th respondent raised the issue of the sufficiency of the court fee paid in the appeal, we directed the Registry to get a report of the Registrar (Judicial) on the question of payment of court fee, in view of the provisions under the Kerala Finance Act, 2025. Pursuant to that order, a report dated 23.10.2025 of the Registrar (Judicial) is placed on record, which reads thus:

“The instant Writ Appeal has been filed on 26.8.2025, challenging the judgment dated 13.05.2025 in W.P.(C) 34972 of 2024. The said W.P(C) was filed on 4.10.2024.

The Writ Appeal was filed by the sole appellant therein paying the court fee of Rs 200/- under Schedule II, Article 1(A)(2)(c) of the Kerala Court Fees and Suit Valuation Act, 1959.

In this connection, kind attention is invited to the Government Notification No.16/Leg.A2/2025/Law dated 28.03.2025 (Flag A) whereby the court fees payable in various cases have been revised with effect from 01.04.2025.

As per the amended Court Fees Act, 2025, the court fee payable for Writ Appeal has been enhanced from Rs.200/- per person to Rs.1000/- per person under Schedule II, Article 1(2)(c) therein. In this connection, kind attention is invited to the decision dated 06.06.1996 of a Division Bench of this Honourable Court in Usha v. Food Corporation of India reported in 1997 KHC 47 ( 1997 (1) KLT 264 ) (Flag B) wherein the Honourable Court following the decision of the Honourable Supreme Court in State of Bombay v. Supreme General Films Exchange Limited (1960 KHC 336) (Flag C)held that the court fee as per the un-amended provision alone need be paid in the proceedings instituted before the amendment. Since the instant Writ Appeal originates from the judgment in W.P.(C) No. 34972 of 2024, which was filed on 04.10.2024 i.e., prior to 01.04.2025, the court fee of Rs. 200/- alone was paid. It is submitted that in view of the above decisions, it seems that the court fee paid in W.A. 2205 of 2025 is sufficient.”

5. Heard the learned counsel for the appellant, the learned Special Government Pleader, the learned counsel for the 5^th respondent and the learned counsel for the 7^th respondent.

6. When the appellant maintained the stand that appeal is the continuation of the original proceedings, and therefore the court fee to be paid in the appeal is at the rate that existed at the time of initiation of t