Date:01/07/2008 URL: http://www.thehindu.com/2008/07/01/stories/2008070151940500.htm

Kerala - Kochi

Golf club violated norms: government

Affidavit says there is no contract of licence

Kochi: The Trivandrum Golf Club has violated all the norms and conditions stipulated by the State government, according to an affidavit filed before the High Court on Monday.

The government said that there was no contract of licence as mandated under Article 299 of the Constitution. The club had been using the building and golf course as its own property and as an exclusive urban club for the elite, contrary to the purpose for which they were given.

The club was also running a retail foreign outlet on its premises. The fact that the club had obtained a licence under the Kerala Foreign Liquor Rules for retail foreign liquor trade especially near the area where an antique building was situated was sufficient enough to cancel the licence. Even if it was found that the licence was valid, the government had the right to cancel the licence and resume the property without notice on grounds of using it for purposes other than golf and sport activities.

The affidavit said that the Kerala Legislature Petitions Committee (1996-98) in its report had found misuse of premises by the club authorities. The committee had recommended a Vigilance inquiry.

The council of Ministers took the decision to resume the land from the club at a meeting held on May 31, 2008.The Cabinet also decided that it should be made the “green lungs” of the city in accordance with the plan prepared by the Cultural Affairs Department. The Revenue, Cultural and Sport Ministers were entrusted with the task of submitting a proposal in this regard. Even if the entire case of the club was accepted, it was only a licensee and the government, a licensor. The affidavit also said that in spite of best efforts made by the government and the club authorities, the licence agreement could not be found out.

Justice S. Siri Jagan adjourned to July 7 the hearing.

Petition dismissed

A Bench comprising Chief Justice H.L. Dattu and Justice A.K. Basheer rejected a quo warranto petition seeking removal of Revenue Minister K.P. Rajendran.

The petition was filed by C.K. Muneer of Kozhikode. According to him, the Minister had violated the oath of office by directing the Principal Secretary to implement the Cabinet decision to take over the Trivandrum Golf Club property despite the High Court directions. Dismissing the petition, the court observed that the petition was premature.