A tenant remains liable to pay rent until actual surrender of the premises, despite transfer of ownership through acquisition notifications under the National Highways Act.

JUDGMENT :

K.V. JAYAKUMAR, J.

1. This Writ Petition is filed under Article 226 of the Constitution of India seeking the following reliefs:

i. Issue a writ of certiorari or any other appropriate writ, order, or direction, quashing the impugned demand notices Exhibit.P4, P4(a), P4(b), P4(c) & P4(d) and the consequent RR notices Exhibit.P7, P7(a), P7(b), P7(c) & P7(d);

ii. Declare that the petitioners are not liable to pay any rent arrears from the period from June 2020 to November 2023 to the TDB, in view of the acquisition of the premises and vesting the same pursuant to S.3D notification with NHAI and cessation of ownership of TDB;

iii. Issue a writ of mandamus or appropriate direction commanding the respondents to consider and pass orders on the objections Ext.P5 submitted by the petitioners and keep the coercive proceedings pending till such time.

2. The petitioners state that they were the licensees occupying and conducting business in various shoprooms in Kamankulangara Devaswom Shopping Complex, Chavara, from 2003.

3. The petitioners further state that the 2nd respondent, the Assistant Devaswom Commissioner, Travancore Devaswom Board, issued notices dated 15.06.2020 demanding an enhanced rate of rent and an additional deposit from the petitioners. Challenging the action of the 2nd respondent, the petitioners preferred W.P.(C) No. 17369 of 2020 seeking to quash the said demand notices. On 08.11.2022, this Court disposed of the said Writ Petition vide Ext.P1 judgment on the basis of the submission made by the then counsel for the petitioners and the Standing Counsel for the Travancore Devaswom Board that the shopping complex had been demolished.

4. Subsequently, the Devaswom Board has filed R.P. Nos. 1077 of 2023 and 1270 of 2023 wherein this Court found that the said shopping complex was not demolished on that date. The petitioners have produced a copy of the order dated 09.04.2024 in the R.P. Nos. 1077 of 2023 and 1270 of 2023. The petitioners further submit that their former counsel made wrong and incorrect submissions before this Court without their knowledge or consent.

5. Sri. Unnikrishnan C., the learned counsel for the petitioners, submitted that since the Travancore Devaswom Board has received the entire compensation with effect from 09.06.2020, the date of 3-D notification issued under the National Highways Act, 1956. They are legally precluded from claiming any rent from the petitioners, inasmuch as the property has vested in the National Highways Authority of India (NHAI) and the Travancore Devaswom Board has ceased to have any ownership rights.

6. In view of the 3-D notification issued by the competent authority under the Act, the claim of the respondents for arrears of rent is not legally sustainable. The learned counsel submits that Ext. P4 series demand notices, and Ext. P7 series notices under the Revenue Recovery Act, issued by the 2nd Petitioner, the Assistant Devaswom Commissioner, are liable to be quashed. The learned counsel for the petitioners would further submit that, although the petitioners had submitted Ext. P5 series of objections before the Assistant Commissioner, the same were not considered. The learned counsel for the petitioners further asserted that they had ceased to occupy the shop rooms in June 2020, consequent to the 3-D notification.

7. The respondents 1 to 3 have placed on record a counter affidavit contending that the Board has to ensure that proper rental/license fee is generated