KODAIKANAL BOAT CLUB Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE Kodaikanal Boat Club, a registered society represented by its Honorary Secretary (hereinafter referred to as the Club) is the petitioner in this writ petition. THE same has been filed to call for the records of the 4th respondent/ Executive Officer, Kodaikanal Township in his proceedings ROC No.7542/86/E-l dated 29.5.1987 and quash the same and consequently forbear the 4th respondent from insisting the petitioner to obtain licence and payment of licence fee for plying its boats in the Kodaikanal Lake.

(2.) IN the year 1863 Sir"Vir Henry Levenge, a retired Collector of Madurai, converted the then existing swamp into a beautiful lake, which turned out to be a major attraction for Kodaikanal. IN the year 1890, the Club was founded with the object of serving the needs of the local resident and visitors to Kodai Hills. Till the year 1926, only Europeans were allowed to be members and only after 1926 INdians were admitted as members of the Club. On 12.10.1906, the then Secretary of the Club informed the Tahsildar, Kodaikanal, that apiece of land in Survey No.234 was bought from a private person, on which the present Club was built in 1892, and that permission to occupy the land was given free from any rent or charges. Consequently, on 8.4.1909, the then Madurai Collector passed an order that the Club built in 6 cents of land in Survey No.234 in Kodaikanal must be considered as the private property of the Club. Besides this, 8 cents of land situated in the same survey number, was also given on lease on 24.5.1921 for a period of 49 years. Subsequently on 3.9.1975, the lease of the 8 cents was extended for a further period of 49 years and the Club is in possession of the said property and is using the same for the purpose of the activities of the Club.

(3.) ACCORDING to the petitioner Club, the 4th respondent has nothing to do with the lake after its management has been transferred to the Fisheries Department in the year 1951. Even prior to 1951, the club with the aid of the Government as well as the members, was maintaining the lake by weeding out and removing the weeds from the lake. The 4th respondent has not done any service in this regard. In fact, Kodaikanal Township was formed only nine years after the Club was formed. It is also submitted that by virtue of the long user ever since 1890 the Club has acquired a right to ferry in the Kodaikanal Lake by prescription and grant could also be inferred by the principle of the Lost Grant.