TRIVANDRUM GOLF CLUB Vs. STATE OF KERALA

JUDGEMENT

(1.) Common issues which arise for consideration in these cases, relate to the validity of the action taken by the Government in resuming possession of the properties being used by the Trivandrum Golf Club, as a Golf Course, along with buildings situate in the same property and being used by the Club as such for ancillary purposes. While the Irivandrum Golf Club (hereinafter referred to as the petitioner ), is the petitioner in W.P (C) No. 16393 and 16260 of 2008, two of the members of the Club are the petitioners in W.P.(C) No. 16363/08. The adjudication of the dispute raised in W.P.(C) No. 16393/08 would obviously govern the result of the other two cases also. Therefore, I will refer to the facts and contentions raised in W.P (C) No. 16393/08.

(2.) An extent of 25.38 acres of land in Peroorkada village, situated at Kawdiar in the heart of Trivandrum City, is the subject matter of this litigation. The said extent of land originally belonged to the Maharaja of Travancore and apparently it became Government land on the formation of the State. But, even earlier, in the late 1890 s a Golf Course was established in the said land. Thereafter, it became the property of the Government. In 1950, the Government entrusted the management of the Golf Course with the Trivandrum Golf Club (There is a dispute as to whether the club, as it exists now, is the same entity or a successor in interest of the club as it stood then. It is not necessary to consider it now).

(3.) By Ext.R1 (d) dated 8-8-1963, the Government issued directions relating to the management of the Golf Club was to pay a rent of Rs. 30/- per month for the period from 1-4-1962 onwards for using the Golf Course. But it was made clear that Golf Course was to be made available for the tourists sponsored by the Tourism Department. The expenditure incurred by members, charges for use of the telephone, water and sanitary expenses and the maintenance of the furniture were to be borne by the club.