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2022 Supreme(Online)(KER) 7613

HIGH COURT OF KERALA
ANIL K. NARENDRAN, P. G. Ajithkumar, JJ
ANIL NARAYAN – Appellant
Versus
TRAVANCORE DEVASWOM BOARD – Respondent


Advocates:
R.BINDU (SASTHAMANGALAM), G.RAJAGOPAL (KUMMANAM), C.THEJUS PURUSHOTHAMAN, G.SANTHOSH KUMAR (P). 2) THE CHIEF ENGINEERAdvocate

JUDGMENT

Anil K. Narendran, J.

The petitioner is running a hotel in four rooms (hall of the ground floor) of Kalangara Memorial Building owned by the 1st respondent Travancore Devaswom Board, near Anandavalleeswaram Temple, on the strength of Ext.P1 lease deed dated 01.05.2017. The petitioner has been issued with Ext.P2 communication dated 28.07.2021 of the 4th respondent Assistant Devaswom Commissioner, wherein it is stated that he has defaulted rent for the last one year and therefore, he should remit the arrears of rent together with penal interest, within seven days from the date of receipt of that communication. On receipt of Ext.P2, the petitioner submitted a reply. The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P2. The petitioner has also sought for a declaration that he is not liable to pay rent to the 1st respondent for the rooms leased out vide Ext.P1 lease agreement, for the period during which he was forced to close down his hotel consequent to the directions issued by the State Government, by invoking the provisions of the Epidemic Disease Act, 1897, due to Covid pandemic. The further

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