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Wednesday, Sep 24, 2008
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Court quashes golf club takeover

Special Correspondent

Asks government to issue fresh show-cause notice to club secretary

High Court finds violation of principles of natural justice
Observes that State government is the owner of the property

KOCHI: The Kerala High Court on Tuesday quashed the government order taking over the property of the Trivandrum Golf Club.

Justice V. Giri set aside the order on grounds of violating the principles of natural justice, while allowing a writ petition filed by S.K. Balakrishan Nair, honorary secretary of the club, and some other members against the order.

The court directed the government to issue a fresh show-cause notice to the club secretary within a month and give him a minimum of six weeks to reply to the notice and place material to support his contentions. The entire proceedings should be completed within four months.

The petitioners had contended that the government resumed the property without giving them any opportunity to reply to the show-cause notice. The notice did not cite any specific reasons for the takeover.

However, the court observed that the government was the owner of the property and, therefore, it was entitled to exercise its power to protect its title and right over the property. The petitioners’ right was limited to the right specified in the licence deed. “The petitioner had no residuary right and cannot claim any right over and above what is specified in black and white in the licence deed.”

The judge said the government had comprehensive powers “to put an end to the licence” and resume the property and the golf course in exercise of the powers under Clause 11 of the licence deed executed in 1967. As per Clause 11, the government was entitled to revoke the licence and take over the property without assigning reasons after giving it two years’ notice. The government had the power under “the second limb” of Clause 11 to cancel the licence and resume possession of the property if it was found that the club premises had been used for purposes other than the ones for which the licence was granted. However, the principle of natural justice demanded that specific allegations be made against it in the show-cause notice.

The government said the club premises had been used for other purposes such as film shooting, wedding functions and running a bar.

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