The Kerala High Court on Tuesday, issued a temporary cancellation on the government’s takeover of the Trivandrum golf club, on the pretext of procedural violations. 

Justice V Giri said the club was denied natural justice by the hasty action of the government. The Court thus acted on the petition, filed by the club management, which challenged the Government’s action and asked the latter to issue a fresh show cause notice to the club secretary within a month, if it wants to take over the property. A writ petition was filed by S.K. Balakrishan Nair, honorary secretary of the club, and some other members against the order.  

Though the government claimed that the club had violated the stipulated norms regarding the use of the property and it was being used for other purposes such as film shooting, wedding functions and running a bar. However no reasons for scrapping off of the licence were cited in the notice that was given to the Club, the Court said.

The judge opined that the government being the owner of the property, have comprehensive powers “to put an end to the licence” and resume the property in accordance to the powers under Clause 11 of the licence deed implemented in 1967.As per Clause 11, the government was entitled to revoke the licence and take over the property without assigning reasons after giving it two years’ notice. The government had the powers under “the second limb” of Clause 11 to cancel the licence and resume possession of the property if it was found that the club premises had been used for purposes other than the ones for which the licence was granted. The Court contended that the petitioners’ rights were limited to the rights specified in the licence deed. “The petitioner had no residuary right and cannot claim any right over and above what is specified in black and white in the licence deed.” However, the principle of natural justice demanded that specific allegations be made against it in the show-cause notice.  

The Court thus concluding said that the club should be heard before proceeding with further action and the entire process should be wrapped up within four months. The club, which is spread over 24 acres is located in one of the prime locations in the city and boasts of esteemed membership of prominent politicians, bureaucrats and business men. The May 31 state Cabinet decision to take over the club on the grounds that the land belonged to the government has sparked off a fury.