Important points:
Whether, owing to the lock down and consequent inability to conduct business for about 4½ months, the petitioner is entitled to get any waiver in the matter of payment of the subsequent instalments, enlargement of time or extension of the term of contract for another year-Answer is in the negative

JUDGMENT :

Haripal, J.

Petitioner is a businessman and also a devotee of Lord Sree Mahadeva of Ettumanoor. He is the successful bidder in the tender floated by the respondents for auctioning the right to sell pooja items at Ettumanoor devaswom in Ettumanoor group, for the financial year 20202021. His tender for Rs.2,34,56,789/-was accepted. Immediately after accepting the bid, he remitted 50% of the amount, i.e. Rs.1,17,28,395/-, on 20.03.2020. According to him, he started procuring oil and such other pooja articles spending huge amount for selling the items. But due to the outbreak of Covid-19, complete lock down was declared on 24.03.2020 which was extended till 31.05.2020. Even though lock down was lifted from 31.05.2020, devotees were not allowed to enter temples till 16.08.2020. As per the tender conditions, he could sell pooja articles with effect from 01.04.2020. Entry of devotees in temples was regulated from 17.08.2020 strictly adhering to Covid-19 protocol. That means, only few devotees were allowed to enter the temple. Ettumanoor temple is one of the famous temples of Lord Siva, where 'enna vazhipadu', offering of oil, is very important. In normal days an average 40-50 cans of oil are needed for the offering, but due to the restrictions, only 5-6 cans are sold. As per the tender conditions he had to remit the balance amount in two instalments, on 30.04.2020 and 31.07.2020. Due to the lock down and subsequent regulations he could not commence selling pooja items so that he gave Exts.P2 and P3 representations stating that he is suffering an average loss of Rs.30 lakhs a month. Thus he approached for waiving the tender amount for a month and also sought time for remitting the next instalment. From 01.04.2020 to 16.08.2020 even for a single day he could not do any business. But ignoring the adverse circumstances, through Ext.P4 notice, he has been asked to remit the balance two instalments. The respondents are fully aware that the petitioner could not do any business till 16.08.2020. In the light of the spread of the pandemic and the consequent uncertainties in the society, performance of the contract had become impossible. Due to restricted entry of devotees in the temples, the petitioner is not doing any business as expected and thus it has become necessary for him to move the respondents to take a lenient and pragmatic approach. Thus he made Exts.P5 and P6 representations before the respondents requesting to reduce the instalment amounts and also to enlarge time to remit such reduced amounts. He has also sought for extension of the tender period for the next financial year. But it is understood that the respondents are taking hasty steps to proceed against the petitioner and that made him to approach this Court under Article 226 of the Constitution of India, seeking the following reliefs:-

“i. To call for the records leading to Exhibit P4 notice and to quash the same by issuing a writ of certiorari or any other writ, order or direction.

ii. To declare that the petitioner is entitled to have a rework of the terms and conditions of the contract, as seen concluded in Ext.P1, in view of the Covid-19 Pandemic situation, which would amount to a factor of the nature of vis major (act of god), and thus entitled to be considered for waiver/reduction of licence fees, for the period during which the temple in question was not allowed to be opened for the devotees, with rigid restrictions, which includes the period from 01.04.2020 to 16.08.2020 and thereafter, and also for proportionate reduction of the licence fee payable during the period when only restrictive entry was allowed to the devotees into the temple, and also for enlargement of the period of licence, to take within its fold, next financial year also.

iii. To declare that the petitioner is entitled for extension of licence period for selling pooja items in Ettumanoor Sree Mahadeva Temple for the next financial year also as the existing licence terms could not be performed