KOZHIKODE DISTRICT SPORTS COUNCIL Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking to quash Exts. P2 and P12 orders passed by the 3rd respondent and the 1st respondent respectively, whereby the lease rent of the property of the petitioner was enhanced and upheld by the respective statutory authorities. Brief material facts for the disposal of this writ petition are as follows:-

(2.) Petitioner is a body corporate constituted by the Government under section 9 of the Kerala Sports Act, with the power to acquire, hold and dispose of movable and immovable properties and to enter into contract and do all maters proper and expedient for the purpose for which it is constituted.

(3.) Petitioner, in order to promote sports activities, identified an extent of 46 acres of land lying as revenue puramboke attached to the property of the Government Higher secondary School, Koyilandi. Accordingly, petitioner has submitted a request before the 1st respondent through the 3rd respondent to lease out of the said land to the petitioner. The request was placed before the 1st respondent with the recommendation of the 3rd respondent and by Ext.P1 Government Order dated 17.12.1998, the aforesaid area of land was let out to the petitioner for twenty five years for construction of football stadium. The lease rent was fixed at 10% of the market value of Rs.41, 52, 000/- (Rupees forty one lakhs fifty two thousand only) per annum. Based on the aforesaid lease, petitioner constructed football stadium with a permanent gallery in a portion of the land having an extent of 59 cents. In order to generate income for payment of lease rent to Government, realization of cost of construction and maintenance of the stadium as well as payment of taxes to the statutory and legal authorities, petitioner converted the space beneath the gallery into shop rooms and let it out for commercial purposes.