CORONATION CLUB Vs. STATE OF KERLA

JUDGEMENT

(1.) Under challenge in this Writ petition filed under Article 226 of the Constitution of India is the order dated 19.05.2020 issued by the Government whereby the petitioner was ordered to pay an amount of Rs 1,37,45,865/ towards lease arrears. By the very same order, property having an extent of 26 cents has been ordered to be resumed. The petitioner also challenges the consequential notice issued by the Tahsildar calling upon the petitioner to pay a sum of Rs 2,56,33,270/ being the lease arrears for the period from 2007 to 2020.

(2.) According to the petitioner, the Coronation Club was established in the year 1912 at Mattanchery in property having an extent of 45 cents in Sy No 460/3 granted by the then Diwan Peshkar by Exhibit P1 deed. What was then payable was nominal rent of 4 Annas. The club was established and later it was registered under the Travancore Cochin Literary Scientific and Charitable Societies Act, 1955. Later the State Government refixed the rent as Rs 50/- in the year 1959. The petitioner asserts that Exhibit P1 would reveal that the lease granted was a permanent lease and this fact is acknowledged in Exhibit P2 communication issued by the Tahsildar to the District Collector. It is contended that without any prior notice, Exhibit P3 notice was served on them demanding a sum of about 2.5 Crores towards arrears of lease. On further enquiry, the petitioner realised that it was on the basis of Exhibit P4 order issued by the Government, that Exhibit P3 notice was issued. It is contended that Exhibit P4 order cannot be sustained as the same has been issued in blatant violation of the provisions of the law. No prior notice was issued to the petitioner nor they were afforded an opportunity of being heard.

(3.) It is in the afore circumstances that this Writ Petition is filed seeking to quash Exhibits P3 and P4.