K. Narayana Kurup, J.

In all these Writ Petitions tenants of buildings owned by certain minority religions figure as petitioners. The Government of Kerala, in exercise of the powers conferred by S.25(1) of the Kerala Buildings (Lease & Rent Control) Act, 1965 (Act 2 of 1965) (for short 'the act') issued a notification as per G.O. (MS) No. 14/92/HSG dated 7.3.1992 exempting in public interest the buildings of churches, mosques, of all the minority religions from the provisions of Ss.4, 5, 7, 8, 11, and 13 of the Act. Subsequently, the aforesaid notification issued in 1992 was amended by Notification dated 30.10.1996 vide SRO 769/96. The effect of the amendment is that while the 1992 Notification exempted buildings of all churches/mosques of all minority religions from the provisions of the Act referred to therein, the 1 alter Notification of 1996 widened the scope of exemption by exempting the buildings of all Dioceses, Arch-dioceses, Monastries, Convents, Wakfs and Madrassas in the State also from the purview of the Act. For the sake of convenience and easy reference S.25 of the Act and the two exemption notifications referred to above are reproduced as follows:

"25. Exemptions- (1) Notwithstanding anything contained in this Act the Government may, in public interest or for any other sufficient cause, by notification in the Gazette, exempt any building or class of buildings from all or any of the provisions of this Act.

(2) Without prejudice to the generality of the foregoing power, the Government may, by notification in the Gazette, exempt from the provisions of Ss.4, 5, 6, 7 and 8 any class of buildings the construction of which has begun after the commencement of this Act, and in respect of which,

(a) the assessment to property tax or house tax by a local authority i s based on a monthly rent of fifty rupees or more; or

(b) there has been no such assessment to property tax or house tax by a local authority and the monthly rent will be fifty rupees or more, having regard to prevailing rates of rent in the locality for similar accommodation in similar circumstances and the accommodation Controller certifies that rent of the building will be fifty rupees or more.

Explanation:- For the purposes of this sub-section, construction shall not include reconditioning or renovation or partial reconstruction."

"92 Notification: Buildings of all Churches/Mosques of Minority

S.R.O. No. 435/92.- In exercise of the powers conferred by sub-s.(1) of S.25 of the Kerala Buildings (Lease and Rent Control) Act, 1965 (2 of 1965), the Government of Kerala hereby exempt, in public interest, the buildings of all churches/ mosques of all the minority religions from the provisions of Ss.4, 5, 7, 8, 11 and 13 of the said Act. (G.O.(MS)No.14/92/Hsg. Dated 7.3.92 in KG No. 14 dated 7.4.92."

"96 Notification:

GOVERNMENT OF KERALA

HOUSING DEPARTMENT

NOTIFICATION

G.O.(MS) No. 40/96/Hsg. Thiruvananthapuram, 30th October, 1996.

S.R.O. No. 769/96.- In exercise of the powers conferred by sub-s.(1) of S.25 of the Kerala Buildings (Lease and Rent Control) Act, 1965 (Act 2 of 1965), the Government of Kerala hereby exempt buildings of all Dioceses. Arch-dioceses. Monastries. Convents. Wakfs and Madrassas also from the provisions of Ss.4.5.7. 8.11, and 13 of the Kerala Buildings (Lease and Rent Control) Act, 1965 and consequently make the following amendment to the notification issued in G.O.(MS) No. 14/92/Hsg. dated 7th March 1992 in the Kerala Gazette No. 14 dated 7th April 1992, namely:

AMENDMENT

In the said notification, after the words "minority religions" and before the words "from the provisions", the words "and buildings of all Dioceses. Arch-dioceses. Monastries. Convents. Wakfs and Madrassas in the State" shall be inserted.

By order of the Governor,

MINNIE MATHEW,

Secretary to Government."

2. The challenge in all these Writ Petitions is directed against the exemption notification(s) issued by the Government in exercise of the powers under S.25(1) of the Act. The g