State Government emerges winner

THIRUVANANTHAPURAM: The Kerala High Court, on Monday, upheld the Government Order (GO) for evicting the Trivandrum Golf Club. A Division Bench comprising Justices Pius C. Kuriakose, Thottathil B. Radhakrishnan and S.S. Satheesha Chandran also directed the Trivandrum Golf Club authorities to surrender the property and vacate the premises within four weeks.

Accepting the stand adopted by the Government that the Club was located on government land, the Bench held that the State Government was the ultimate owner of the land. The Court also dismissed the arguments by the Club authorities that the Revenue Principal Secretary had no right to issue a notice for eviction.

‘‘The government will have the liberty to evict the Club after the stipulated time. The Club authorities can shift their goods and belongings during the time allowed to them,’’ the judgment said. The Bench made it clear that once the licensor, which is the State Government, terminates the licence, the licensee will have the status of just a trespasser.

The State Government had issued an order cancelling the licence agreement with the Club. The Club authorities approached the Thiruvananthapuram Sub- Court alleging that the GO was illegal. They also prayed to the court to prevent eviction from the land. The Sub-Court rejected the plea, against which the Club authorities approached the HC with an appeal.

The Court observed that the Club had approached the High Court not with clean hands. ‘‘The Club and its members waged legal battles using the forums of the court, despite a conclusive finding that the government had the right to terminate the licence. The Court cannot ignore this fact. The Club cannot be permitted to put any more spokes to resist the resumption of the land owned by the government,’’ it said.

The Club, an unregistered association at the time of entering the licence agreement, was registered under the Travancore-Cochin Literary Scientific and Charitable Society Registration Act 1955, in 1984. ‘‘The Court does not understand what are the literary, scientific and charitable activities that would enable the Club to register under this Act,’’ the judgment  said.

Additional Advocate General Ranjith Thampan submitted that there were six government nominees, including the Sports Council chairman, in the executive committee of the Club, but none of them were informed about the activities of the Club. ‘‘Decisions are taken by a few people at the helm,’’ he said.

‘‘Top bureaucrats, businessmen and film stars are the members of the Club. Despite proved violations of the licence agreement, some bureaucrats supported the Club,’’ he added.

The Additional Advocate General also submitted that once the land was  resumed, the Sports Council would be deputed to maintain the golf course and it would be open to all, instead for a reserved class.

kochi@expressbuzz.com