JUDGMENT

Anil K. Narendran, J.

The petitioner, who is the successful bidder of Kuthaka right for sale of flower garlands and pooja items in Kandiyoor Devaswom Temple under the management of the Travancore Devaswom Board, for the year 2021-2022, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondents to exempt him from payment of contractual amount, during the period in which the temple was closed due to Covid-19 pandemic during the current financial year. The petitioner has also sought for a writ of mandamus commanding the respondents to reschedule the installments in a relaxed manner for payment of the balance contract amount.

2. Going by the averments in the writ petition, the petitioner participated in the auction conducted by the respondent for Kuthaka items in question. The tenure of the contract expires on 31.03.2022. The bid amount for sale of flower garland is Rs.2,25,500/- and that for sale of pooja items is Rs.3,87,500/-. Therefore, the total amount for two Kuthaka items is Rs.6,13,000/-. As per the terms and conditions of the contract, the said amount has to be remitted in three installments. The first installment, which is half of the total amount, has to be remitted at the time of confirmation of auction itself. Accordingly, the petitioner remitted a sum of Rs.3,13,000/-, as evidenced by Ext.P1 receipt dated 05.04.2021. The balance amount has to be remitted in two equal installments. On 31.08.2021, the petitioner remitted a further sum of Rs.1,50,000/-, as evidenced by Ext.P2 receipt. The balance amount comes to Rs.1,50,000/-, which the petitioner is yet to remit.

3. According to the petitioner, due to the restrictions imposed in connection with Covid-19 pandemic, the Temple was closed for a long period. Therefore, the petitioner could not remit the balance amount. On 13.01.2022, the 4th respondent Sub Group Officer issued Ext.P3 notice, whereby the petitioner was required to remit the balance amount, before 20.01.2022. The petitioner submitted Ext.P4 representation dated 17.01.2022, before the 2nd respondent Travancore Devaswom Board and the 4th respondent Sub Group Officer, with a request for exemption from payment of the contractual amount, during the days on which the Temple was closed. The document marked as Ext.P5 is a reply obtained under the Right to Information Act, which is one dated 10.11.2021, wherein it is stated that the temple was closed due to lock down for the period from 28.04.2021 till 23.06.2021 and thereafter, from 30.08.2021 till 05.09.2021. Further, the entry to Temple was restricted since 06.09.2021 till 18.09.2021. Therefore, the entry of devotees to the Temple was totally banned for a period of 77 days. In such circumstances, from the total contractual amount of Rs.6,13,000/-, proportionate amount for 77 days has to be excluded. Despite, the submission of Ext.P4 representation, respondents 2 and 4 have not considered that request. Feeling aggrieved, the petitioner has filed this writ petition, seeking the aforesaid reliefs.

4. On 20.01.2022, when this writ petition came up for admission, the learned Standing Counsel for Travancore Devaswom Board was directed to get instructions.

5. On 21.01.2022, when this writ petition came up for consideration, the learned Standing Counsel for Travancore Devaswom Board furnished the auction amount for pooja articles and flower garlands for the previous years, which are as follows;

6. Heard the learned counsel for the petitioner, the learned Government Pleader for the 1st respondent and also the learned Standing Counsel for Travancore Devaswom Board for respondents 2 to 4.

7. The issue that arises for consideration in this writ petition is as to whether the petitioner is entitle