The Hindu : Kerala / Thiruvananthapuram News : Revenue records disprove hotel's claim

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Saturday, Jul 03, 2004

Kerala

Kerala - Thiruvananthapuram

Revenue records disprove hotel's claim

By S. Anil Radhakrishnan

THIRUVANANTHAPURAM, JULY 2. The contention of the private hotel group that has bought the India Tourism Development Corporation's Kovalam Ashok Beach Resort, that they are the owners of the entire 25.78 ha on which the five-star hotel and the Halcyon castle are situated, is contradictory to what is stated in the Government revenue records.

Documents available with The Hindu show that the castle in the heart of the property had not been handed over to the private hotel group although they retain the custody of the castle, once the summer retreat of the ruling family of erstwhile Travancore, and are leasing out the four royal suites in it to guests.

As per the recommendations of the Disinvestment Commission, the execution of the share purchase agreement with M/s Kovalam Hotels Private Limited and upon approval of the Cabinet Committee on Disinvestment, the management of the ITDC resort was transferred to M Far Hotels on July 11, 2002. The private group that took over the resort paying Rs. 44 crores had been claiming that 25.78 ha was handed over to them.

Following the controversy over the ownership of the castle, the hotel group's director, M.M. Abdul Basheer, had stated in Kochi on June 18 that "there was no dispute regarding the ownership of the land that includes a castle as per the records available in village/tahsil/survey office as on April 16, 2002 and that certificate for the possession of 64.5 acres by the ITDC is available".

As per the documents, on April 18, 2002, the Additional Tahsildar, Neyattinkara, had issued a certificate stating 25.78 ha in favour of the General Manager, ITDC, Kovalam. The certificate also states that "2.35 hectares is in the possession of the Kerala Tourism Development Corporation, the Kovalam Palace is situated in an extent of 4.21 hectares, the Guest House is in 1.9 hectares and an extent of 0.78 hectares is in `adverse possession". Thus, says the certificate, only 16.47 hectares is in the "possession and enjoyment" of the General Manager, ITDC, Kovalam.

Another certificate issued by the Additional Tahsildar on May 25, 2002, has also stated that the General Manager, ITDC, Kovalam, is in "possession, enjoyment and ownership and title over an extent of 16.47 ha as per Thandaper No.17653.

A possession certificate issued by the Village Officer, Vizhinjam, on February 18, 2003, to the hotel group for producing before the Union Bank of India had stated that 16.47 ha is in possession of Kovalam Hotels and that they are paying tax.

When the disinvestment process was in the final stage, the Chairman and Managing Director of the ITDC, Ashwani Lohani, in a letter on May 3, 2002, had written to the Secretary, Tourism, Kerala, T. Balakrishnan, that there is a "dispute" between ITDC and Kerala Tourism Development Corporation (KTDC) regarding the property located in the northern corner of the beach resort.

"The KTDC property is located on approximately 5.80 acres of land which as per the records available with ITDC is ITDC territory. This requires to be resolved amicably between ITDC and KTDC," the letter said.

Mr. Lohani had made a mention about the dispute over the castle and that it is an integral part of the ITDC hotel property and will have to be disinvested along with the hotel. The CMD had "recommended that the State Government should provide clearance for giving the castle along with the hotel property to the selected party".

Further, Mr. Lohani had suggested that "we may enter into a quid pro quo" and that ITDC is prepared to "hand over the disputed land in the Northern corner of the property to KTDC and the State Government may in return give a clear title in respect of the castle to ITDC so that this can be disinvested, being an integral part of the hotel".

Mr. Balakrishnan in his reply to the ITDC CMD on May 13, 2002, had stated that he was in agreement with the proposal and that a major decision involving land transfer could only be taken at the Cabinet level. The Secretary, Tourism, had also stated in the letter that he would take up "the matter with the Cabinet at the earliest and that the Government may agree to the proposal in the interest of the development of tourism".

Mr. Balakrishnan had stated at a press conference in the State capital on June 17 that there were no records to show that the castle belonged to the Government and that the ITDC was paying tax for the property. Even as Department of Law is examining the issue over the ownership of the castle, pressure is mounting on the Government to take over the castle by declaring it as a heritage property.

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