IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH, J
E. X. Baby Thomas – Appellant
Versus
State Of Kerala Represented By Secretary To Government, Local Self Government (Urban) Department – Respondent
JUDGMENT :
N. Nagaresh, J.
The petitioner has taken on lease shop room No.S-79 from the 2nd respondent-Greater Cochin Development Authority (GCDA) as per registered lease deed dated 28.07.2016. The petitioner is conducting a business of Travel and Tourism in the name and style 'M/s. Princy World Travels', in the shop room. The writ petition has been filed by the petitioner seeking to declare that the petitioner is entitled to the benefit of rent exemption granted under Ext.P5 issued by the Government of Kerala.
2. The petitioner states that on account of the Covid-19 pandemic, the entire State followed the lockdown orders and the life in Kerala came to a standstill during this time. The 1st respondent issued Ext.P1 GO dated 29.06.2020 granting rent exemption to the lessees of Government owned building and permitted the Local Self Government Bodies and Development Authorities to grant rent exemption to their lessees for the period from 01.04.2020 to 31.05.2020. Subsequently, the Government issued Ext.P2 GO dated 19.05.2021 permitting similar rent exemption. Ext.P4 GO dated 30.09.2021 was then issued ordering that the rent of all leased out Government buildings is exempted for the perio
The refusal of the 2nd respondent to grant rent exemption under government orders was illegal, and compliance with such orders is mandatory despite financial concerns.
The court cannot determine compensation for the closure period in the present writ proceedings if it is a contractual obligation.
Section 1(3), Act applies to areas mentioned in Schedule and Government may by notification in Gazette, apply all or any of provisions of this Act to any other area in State with effect from such dat....
Judicial authority allows for the reconsideration of administrative actions when procedural fairness is not upheld.
The court mandated the reconsideration of rental assessments and protections against coercive actions based on disputed notices in accordance with statutory guidelines.
Compensation for requisitioned premises under the Disaster Management Act cannot be limited by Executive Orders, and must reflect actual rent for the entire duration of requisition.
Amendments to eviction petitions under rent control laws are permissible at any stage of proceedings when necessary to achieve justice.
The court upheld the legality of exemptions granted under the Covid-19 Act for delivery of vacant possession, affirming that such decisions did not violate constitutional rights or principles of natu....
Judicial reviews of exemptions under the COVID-19 Act must consider statutory mandates, and the lack of a right to be heard does not invalidate decisions made under urgent public health circumstances....
The court affirmed that exemptions granted under the COVID-19 Act were lawful and did not violate constitutional rights, recognizing the lack of a statutory right for purchasers to be heard.
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