Point of Law: The nature of the fiduciary position of the trustee and his duties and obligations. It is duty of the trustees of the property to be faithful to the Trust and execute any document with reasonable diligence in the manner of an ordinary prudent man of business would conduct his own affairs.

JUDGMENT :

Anil K. Narendran, J.

The petitioner is in occupation of a shop room bearing No.XIII/431 of Kodungallur Municipality, in a building owned by the 1st respondent Cochin Devaswom Board, which is located near Kodungallur Bhagavathi Temple, in which he is conducting a hotel by name 'Annapoorna'. According to the petitioner, the hotel was originally run by his father, Gangadharan, from the year 1980, on payment of a monthly rent of Rs.900/-. He died in the year 1986 and thereafter, the petitioner is conducting hotel in the said shop room. The document marked as Ext.P1 is a copy of the rental agreement dated 28.09.2007 executed between the 1st respondent Board represented by its Secretary on one part and the petitioner on the other part, in which monthly rent for the shop room, electrical fittings and accessories was fixed as Rs.3,370/-, for a period of three years from 01.02.2007, subject to the terms and conditions stipulated therein. As per the schedule to Ext.P1 rental agreement, the scheduled shop room in the Devaswom Building, which is assigned with Door No.XIII/431 of Kodungallur Municipality, is having a total area of 64.57 sq.mt. (695 sq.ft.). Ext.P3 is a copy of representation dated 30.11.2021 made by the petitioner before the 2nd respondent Secretary of the Board, wherein it is stated that he has already remitted monthly rent at the rate of Rs.6,989/- inclusive of November, 2021 and that, he is prepared to pay rent at the same rate for the subsequent period.

2. In the writ petition it is stated that due to the situation prevailing in the State on account of Covid-19 pandemic the number of pilgrims coming to Kondungallur Bhagavathi Temple has been considerably reduced. Thus, the petitioner was constrained to close down the hotel from March, 2020 onwards. Thereafter, the business picked up only recently. Under such circumstances, the petitioner filed Ext.P3 representation dated 30.11.2021 before the Secretary of the Board, with a request to revise the monthly rent of the shop room for a period of three years, at a lower rate. The petitioner received Ext.P4 order dated 22.01.2022 of the 3rd respondent Devaswom Commissioner, whereby he was informed that the request made in Ext.P3 representation cannot be considered, since as per the existing bye-law, monthly rent of the building has to be revised at the rate of 11% in every 11 months. Further, the rental income from the buildings owned by the Board at Kodungallur is very meagre. In Ext.P4 order, the 3rd respondent Devaswom Commissioner has referred to the report dated 31.12.2021 of the Assistant Commissioner, Thiruvanchikulam, and also the decision taken by the said respondent on 19.01.2022. By Ext.P4 order directs the petitioner to execute fresh agreement in respect of the shop room in question, in terms of the existing bye-law.

3. The petitioner would rely on the judgment of the Division Bench in Dr. N.M. Vijayan and others v. Cochin Devaswom Board [Ext.P2 judgment dated 01.06.2001 in O.P.No.15995 of 1999 and connected cases] in order to contend that, the 1st respondent Board, which is a statutory body, cannot act like an ordinary landlord. Therefore, the enhancement of rent that could be demanded by the Board should be at the rate 15% to 20% in every three years. After the execution of Ext.P1 rental agreement on 28.09.2007, the monthly rent was enhanced by the Board at the rate 20%, in every three years. The petitioner’s hotel, considering its location, caters the need of poor pilgrims visiting Kodungallur Bhagavathi Temple. The enhancement of rent at the rate of 11% for every 11 months is highly exorbitant, which will certainly reflect in the price structure of food items that are being served in his hotel. The documents marked as Exts.P5 and P6 are receipts dated 01.02.2022, regarding remittance of a sum of Rs.7,760/- towards rent for the month February, 2022 and a further sum of Rs.2,213/- towards deficit security amount, equivalent to monthly rent at the enhanced