E. X. BABY THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) 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 dtd. 28/7/2016. 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 dtd. 29/6/2020 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 1/4/2020 to 31/5/2020. Subsequently, the Government issued Ext.P2 GO dtd. 19/5/2021 permitting similar rent exemption. Ext.P4 GO dtd. 30/9/2021 was then issued ordering that the rent of all leased out Government buildings is exempted for the period from 1/7/2021 to 31/12/2021. By Ext.P5 GO dtd. 6/10/2022, the Development Authorities were also exempted from levying rent for the period specified therein.

(3.) Based on Ext.P4, the 1st respondent issued GO dtd. 6/10/2022 ordering that rent for the building leased out by Development Authorities for the period from June, 2021 to August, 2021 should be exempted fully and rent for the period from September to December, 2021 shall be levied at the rate of 50%. The grievance of the petitioner is that the 2nd respondent has not implemented Ext.P5 order holding that it will cause financial burden to the 2nd respondent.