Kochi, Jun 30 (UNI) Kerala High Court today dismissed a petition seeking a writ of quo warranto against state Revenue Minister K P Rajendran for sanctioning the takeover of the Trivandrum Golf Club against the advice of the Advocate General.
A Division Bench comprising Chief Justice H L Dattu and Justice A K Basheer dismissed the petition, filed by C P Muneer, a resident of Kozhikode, as ''premature.'' The Division Bench also rejected a review petition filed by lawyer M L George, seeking to review the dismissal of a plea for cancelling the bar license issued to the Golf Club.
In another development, the state Revenue Department today filed a counter affidavit in a petition filed by the management of the Golf Club against the its takeover by the state government.
The affidavit, filed by Revenue Department Joint Secretary K K Shashidharan Nair, stated that according to Article 299 of the Constitution, all contracts in exercise of exectuive power of the state shall be expressed to and made by the Governor of the state.
However, in the case of the Golf Club, it seemed that there was no signed license deed, as mandated under Article 299, executed between the government and the Golf Club.
It further said even if the club is having a valid license, the state government, the licensor, shall have the right to cancel it and restore the property.
According to the affidavit, the Golf Club premises were being used contrary to the purpose for which it was set up. It was serving and retailing foreign liquor and also renting the premises for film shootings and marriage functions to people who had no connection with the Club.
The affidavit also stated that the club had not been paying the maintenance charges due to the government.
Justice S Sirijagan, who is hearing the petition challenging the takeover, adjourned further hearing to July seven.
UNI XR ARC AB HT1752