Advt Sunil letter to cm Cj to reduce court fees
P.SUNIL B.E., M.L Off: No.13, D.R.K Lane, ADVOCATE Saidapet, Chennai-15
To, Date: 28.04.2020
1) The Honorable Chief Minister,
Government of Tamil Nadu,
2) The Honorable Law Minister,
Government of Tamil Nadu,
3) Mr. K. Shanmugam,
Chief Secretary to Government,
4) Mr. C. Gopi Ravikumar,
Secretary to Government,
Sub: Requisition for the reduction of Court Fee for the specified period till 31.12.2020 from 3 % to 1%
I would like to appreciate the efforts taken by the state government in this pandemic situation, now we are marching towards the revival after the worst phase in all aspects of human life. The central government have also been keenly analyzing and evaluating with the inputs from all the state governments to protect the interests of the people of our country.
I would like to bring to your kind attention the power vested with the state government in fixing the court fees, as judiciary is an independent body which will also play an important role in protecting the interests of the people.
In this pandemic situation, the rate of 3 % of Court fee which is actually on higher side will certainly discourage even the honest and genuine litigants, if it is allowed to happen it would be a big adversity to the rights conferred in the Indian Constitution where right to access to justice is indirectly being denied. The burden should not be heavy on the litigants in the crisis to run the Courts smoothly which is borne by people with genuine grievances in the guise of a court fee being paid for only a shot at justice. The central and state governments should therefore have to meet substantial costs of the administration of the justice.
The objective of the judiciary is to protect the weak from the offences of the stronger and a means to all its citizens for the just and peaceful settlement of disputes between them as to their respective rights. It is a principle of our law that every citizen has a right of unrestricted access to the court. The Hon’ble Courts have resolved disputes created precedents and laid down principles which are termed as common law.
For instance the Government of Orissa in the year 1994 passed a notification exempting the few classes of person from paying any court fee. One among of them is women and the said notification was also put to test before the Orissa High Court which has upheld the decision of the Government.
Hence I request your good office to reduce the court fee from 3 % to 1 % which is the prevailing rate for the Hon’ble High Court of Madras (Original Side) because of unseen pandemic attack on the entire world and its people. The said reduction may also be for a certain period which may help people exempt from carrying burden for access of justice, few might have to relinquish their rights or adopt some other illegal methods to solve the disputes which might be setting bad precedent and also would be in total contravention of the law. Even before this pandemic attack, our Hon’ble High Court has been on vigil to resist on kangaroo courts, the efforts taken by Hon’ble High Court will be ruined.
I wish your good office to analyze, visualize and take good decision at the earliest and amend the Tamil Nadu Court Fees and Suits Valuation Act, more specifically the Schedule I (2) and (3) by reducing it to 1 % till the specified period 31.12.2020 and protect its people and also safeguard from any untoward law and order issues.