TRIVANDRUM GOLF CLUB Vs. STATE OF KERALA

JUDGEMENT

(1.) Revision is directed against the order passed by the learned Principal Sub Judge, Thiruvananthapuram, returning the plaint of a suit directing compliance of statutory notice under Section 80 of the Code of Civil Procedure to the respondents-State and public officials, and its re-presentation two months after issuing such notice.

(2.) Substratum of the facts giving rise to the revision is not in dispute, and so much so, particulars which are necessary for considering the challenges raised against the impugned order need alone be adverted to. Petitioner is the Trivandrum Golf Club, represented by its Secretary, against which proceedings have been initiated by the Government for terminating the licence arrangement with the Club and to resume the land under its possession. After issuing show cause notice alleging violation of the conditions of the licence and hearing the petitioner Club the Government have passed an order terminating the licence agreement with direction to the District Collector to resume possession of the land under the enjoyment of the Club after giving one month's time to vacate from the premises. Annexure 4 is the copy of the proceedings passed by the Government for terminating the licence to the Club with directions as aforesaid. Club, the revision petitioner, laid a suit before the Principal Sub Court for declaration and consequential reliefs imputing Annexure 4 proceedings. With the suit, an application, I.A. No. 9540 of 2009, was also moved seeking leave under Section 80(2) of the Code of Civil Procedure to dispense with the statutory notice contemplated under the above Section for instituting a suit against the State and public officials. Learned Principal Sub Judge, after hearing the counsel for the petitioner Club and also the learned Government Pleader, declined the request for leave under the impugned order and returned the plaint with direction for its re-presentation after complying with the statutory notice under Section 80 of the Code of Civil Procedure.

(3.) I heard the learned Senior Counsel Mr. T. Krishnan Unni who appeared for the revision petitioner and also the learned Additional Advocate General Mr. Ranjith Thampan who appeared for the respondents.