Point of Law: Alteration of circumstances does not lead to frustration of contract and that doctrine of frustration has to be applied narrowly.

JUDGMENT :

Anil K. Narendran, J.

The petitioner was the Kuthaka holder in Chettikulangara Devaswom for the sale of pooja items in Chettikulangara Devi Temple, for the year 2021-22. The petitioner bid the auction for a sum of Rs.26,84,500/-. As per the tender conditions, the said amount has to be remitted by way of three installments, the first installment being half of the total amount. Accordingly, the petitioner remitted a sum of Rs.13,42,250/- on the date of the bid itself. The petitioner has also remitted a further sum of Rs.3,00,000/- towards the 2nd installment on 08.09.2021. He defaulted payment of the balance amount of Rs.10,42,000/-. The petitioner had earlier approached this Court in W.P.(C)No.21234 of 2021, seeking a writ of mandamus commanding the respondents to exempt him from payment of the contractual amount, during the period in which the temple was closed due to COVID-19 pandemic, in the year 2021-22. The petitioner has also sought for a writ of mandamus commanding the respondents to re-schedule the installments for payment of the balance contractual amount. That writ petition was disposed of by Ext.P1 judgment dated 11.10.2021. Paragraph 3 to 6 of that judgment reads thus:

“3. The learned counsel for the petitioner would point out that the petitioner could not open the shop for a considerably long period, on account of COVID-19 restrictions. Despite all these circumstances, the petitioner had made payments except Rs.10,42,000/-, out of Rs.26,84,500/-. Pointing out the circumstances, which prevented the petitioner from remitting the said amount of Rs.10,42,000/-, he has already made Ext.P4 representation before the 2nd respondent. In case any coercive steps are taken by the 4th respondent, pending consideration of Ext.P4, the petitioner would be put to irreparable loss, injury and hardship.

4. The learned Standing Counsel for Travancore Devaswom Board would submit that considering the situation prevailing in the State on account of COVID-19 pandemic, sufficient time has already been granted by the Travancore Devaswom Board for payment of 2nd and 3rd installments by successful bidders, by extending the time for payment of those installments. The Secretary of the Board shall consider Ext.P4 representation made by the petitioner, within a time limit to be fixed by this Court.

5. Having considered the submissions made by the learned counsel on both sides, this Court deem it appropriate to direct the 2nd respondent-Secretary of the Travancore Devaswom Board to consider and pass appropriate orders on Ext.P4 representation made by the petitioner, within a time limit to be specified in this judgment, on condition that the petitioner pays a sum of Rs.5,00,000/- (Rupees five lakhs only) within a period of three weeks from the date of receipt of a certified copy of this judgment.

6. In such circumstances, this writ petition is disposed of with the following directions;

(i) within three weeks from the date of receipt of a certified copy of this judgment, the petitioner shall remit a sum of Rs.5,00,000/- with the 4th respondent Administrative Officer of Chettikulangara Devaswom, towards his liability to pay installment, in terms of the tender conditions for sale of pooja items (enna, thiri, karpooram, etc.) in Chettikulangara Devi Temple, for the year 2021-22. On such payment being made, the 2nd respondent shall consider and pass appropriate orders on Ext.P4 representation made by the petitioner, strictly in accordance with law, as expeditiously as possible, at any rate, within a further period of two weeks.

(ii) the 4th respondent shall keep in abeyance any coercive steps against the petitioner for recovering the balance dues in respect of the contract in question, till expiry of the time limit fixed in this judgment for the 2nd respondent to consider and take a decision on Ext.P4 representation, in case the petitioner remits a sum of Rs.5,00,000/- with the 4th respondent, within the time limit specified as above.”

2. The petitio