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Friday, Jun 06, 2008
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Revenue Secretary files review petition

Kerala High Court directive in Trivandrum Golf Club case
She was asked to appear before court in person on June 9

Kochi: Revenue Principal Secretary Nivedita P. Haren on Thursday filed a petition before the High Court seeking a review of the court’s order directing her to appear before it in person on June 9.

Justice S. Siri Jagan had given the direction on the writ petitions filed by Trivandrum Golf Club president C.K. Balakrishnan Nair and others against an eviction notice given to the club. The judge had also directed her to restore the property taken over by the government to the club authorities.

The Principal Secretary, in her petition, said the Cabinet had decided to reject an explanation of the club authorities and takeover the property on the forenoon of May 31. She got a telephone call at 12.30 p.m. the same day from D. Anilkumar, who identified himself as senior government pleader and informed her that the Advocate-General had “required’ that the decision of the Cabinet, if any, should not be given effect to in view of the filing of the writ petitions.

Business rules

As per the business rules, a Cabinet decision should be implemented within 48 hours. Failure to do so would be treated as “failure to discharge official responsibilities,” she said.

She requested the pleader to send the information in writing by fax, but he did not do so.

In the meantime, the Cabinet decision was made available to the Advocate-General. At 8.30 p.m., the petitioner (Nivedita P. Haren) got the copy of a note from the Law Secretary through the Chief Secretary saying that the High Court had issued an order directing that the eviction must not be done. By that time, she had passed the eviction order. She said that on receipt of the note, she contacted Revenue Minister K.P. Rajendran, who informed her that the Cabinet decision should be given effect unless there was an order from the High Court or a written message from the Advocate-General.

The petition said the government pleader who appeared in the case was not able to apprise the court of these true facts.

The government pleader did not get in touch with her and had not received the true facts.

She said she had taken immediate action following the High Court direction and restored the property to the club office-bearers on June 3.

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