Ramachandran Nair, J.
All these writ petitions are filed by the occupants of various shop rooms in the Devaswom Shopping Complex at Erumeli under the Travancore Devaswom Board. The case of the petitioners appears to be that they have been in occupation of the shop room for a long time and the action taken by the Board by issuing Ext.P3 asking them to vacate the buildings and for conducting auction the right to occupy the building is not correct. They are challenging the same on various grounds.
2. Pursuant to the order passed by this court, the learned Ombudsman has initially submitted Report No.186/2013. After considering various aspects, the learned Ombudsman has reported that if the tenants are allowed to continue they are willing to increase the rent by 75%. The Travancore Devaswom Board thereafter filed a statement stating that the tenants should agree for payment of enhanced rent at 100% from the present rent and they should be further directed to deposit ` 1 lakh as deposit for each room.
3. When the above matter was heard by this court, it was suggested that the new suggestion made by the Board may be directed to be considered by the learned Ombudsman. Accordingly, by order dated 11.02.2014 the matter was directed to be considered by the learned Ombudsman and TDB No.48/2014 has been filed by the learned Ombudsman after hearing all the parties. One of the contentions raised by the learned counsel for the petitioners before the learned Ombudsman was that they had made security deposits at the rate of ` 20,000/- when they were inducted initially and therefore a further deposit, that too by way of ` 1 lakh, by the petitioners is unjustified. This issue was also specifically addressed by the learned Ombudsman. Now going by the present report, the learned Ombudsman has suggested that if the petitioners are willing to execute agreements with 100% increase in rent and further increase of 10% after three years, their leases may be renewed. In respect of any person who is not willing for the above, the Board may be allowed to proceed. No further security deposit need be made since ` 20,000/- has been collected as early as in 1991.
4. We heard the learned counsel for the petitioners and the learned standing counsel for the Board.
5. We are of the view that the suggestions made by the learned Ombudsman can be accepted. Accordingly, the writ petitions are disposed of with the following directions :
Those among the petitioners who are willing to increase the rent by 100% and with a further increase of 10% after three years will intimate the same to the concerned Administrative Officer/Assistant Devaswom Commissioner of Travancore Devaswom Board within three weeks from today. In respect of such petitioners fresh agreements will be executed incorporating those conditions along with other general and special conditions, if any. If anybody among the petitioners is not willing, they will have to surrender vacant possession of the room to the Travancore Devaswom Board within a period of six weeks from today. No costs.
T.R.RAMACHANDRAN NAIR, JUDGE P.V.ASHA, JUDGE sv.