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HIGH COURT OF KERALA
C.T.RAVIKUMAR, Murali Purushothaman, JJ
C. PRADEEP, C.RAJAN, RATHEESH BABU, K.S.JOBY, L.P.JAYACHANDRAN – Appellant
Versus
SECRETARY, DEVASWOM DEPARTMENT GOVERNMENT SEC, TRAVANCORE DEVASWOM BOARD, COMMISSIONER, TRAVANCORE DEVASWOM BOARD, DEPUTY COMMISSIONER TRAVANCORE DEVASWOM BOARD – Respondent
| Table of Content |
|---|
| 1. common judicial consideration of contractual obligations during crises. (Para 1 , 8) |
| 2. contract terms must be executed despite adverse events. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 3. frustration doctrine not applicable unless performance is impossible. (Para 9 , 10 , 11 , 12 , 13) |
JUDGMENT
Ravikumar, J.
Since these writ petitions involve common issues, they are being disposed of by this common judgment.
W.P. (C) No. 2271/2021
2. The petitioners in this writ petition have entered into individual contract with the Travancore Devaswom Board (TDB) for the supply of 'pooja items' for different Devaswoms under the TDB for the financial year 2020-2021. As per Ext. P1 conditions of contract, petitioners 1, 2 and 4 remitted 50% of the auction amount and petitioners 3 and 5 remitted full auction amount. According to the petitioners, when they were about to commence the sale in the stalls from 01.04.2020, lock down was declared by the Government on the outbreak of COVID-19 pandemic and due to restrictions in pilgrimage, they could not carry out the business and they could sell the pooja articles only from 22.10.2020. Therefore, the petitioners contend that the contract has become frustra
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