The Hindu : Kerala News : `Halcyon Castle title not transferred to ITDC'

Online edition of India's National Newspaper
Thursday, Oct 14, 2004

Kerala

Kerala

`Halcyon Castle title not transferred to ITDC'

By Our Staff Reporter

KOCHI, OCT. 13 . The Kerala High Court was today informed by the State Government that the title of the Halcyon Castle and the property adjoining the castle had never been transferred to the Union Government or the India Tourism Development Corporation (ITDC).

The affidavit was filed in response to a writ petition filed by the MFar Hotel Limited challenging the takeover of the property, including the castle and other buildings. The Government had been empowered to repossess the Kovalam palace and adjacent land.

Permissive possession

According to the affidavit, the ownership of the property was vested with the Government and "permissive possession alone is transferred to the Central Government." Since October 23, 1970 the property has only been in "the permissive possession of the Government of India with the result that the title of property remained with the Government of Kerala." However, the Government pointed out that "it has no case that the possession of the property by MFar hotels is unauthorised." But the possession of the property given by the ITDC to the hotel company is without the permission of the Kerala Government. The affidavit said the land was acquired from the royal family of Thiruvananthapuram and handed over to the Tourism Department on May 2, 1964. Besides, the Government wanted to preserve the property as a heritage site.

The Kovalam Hotel Samrakhasan Samthi's patron and former Speaker, M. Vijayakumar, and other office-bearers of the Samithi, including the former Minster, N. Neelalohithadasan Nadar, today filed a petition seeking to implead them in the petition. According to them, it was in public interest that the property should be protected. They contended that the hotel group had no title over the property. MFar Hotel management group had contended that the State Government had no right or power to take over the hotel, which had been sold to the group. The property had been handed over to the petitioner by the Union Government and the India Tourism Development Corporation (ITDC). The petitioner could not be deprived of its property merely on the basis of an executive order. In fact, the Government had sold the castle and its adjoining areas to the ITDC for a consideration of Rs. 9. 50 lakhs in 1970. The ITDC had been in possession of the building and its property since 1970.

Order to sanction posts

A Division Bench comprising the Chief Justice, N.K. Sodhi, and Justice A.K. Basheer today directed the State Government to sanction the additional posts recommended by the Health Director for the Community Health Centre at Vengola in Perumbavoor.

The court issued the direction when a writ petition filed by Mr. Sivan seeking to post sufficient number of doctors and staff at the centre came up. The court said the centre lacked infrastructural facilities and doctors and staff. The director had recommended an additional chief surgeon, five assistant surgeons and other staff.

However, the Government had asked the Director to review the recommendations. The block panchayat secretary who appeared in person before the court submitted that casual and contingent staff would be appointed soon. The court also asked the secretary to file an affidavit regarding the infrastructure facilities available at the hospital.

`Inspect facilities'

A Bench also directed the Health Service Director to inspect the Peerumedu taluk headquarters hospital to assess the infrastructure facilities and submit a report before the court within one month. The direction came on a writ petition filed by Saijulal, highlighting the lack of facilities at the hospital.

The court allowed Jalajamani, mother of Manoj, one of the accused in the Kiliroor sex scandal case, to withdraw a petition seeking a direction to the police not to harass her.

The plea for withdrawal of the case was made in view of the arrest of her son.

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