Kerala High Court
Cochin Club vs State Of Kerala And Others on 6 June, 1821
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE B.P.RAY
WEDNESDAY, THE 7TH DAY OF NOVEMBER 2012/16TH KARTHIKA 1934
WP(C).No. 36969 of 2007 (A)
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PETITIONER(S):
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COCHIN CLUB
FORT COCHIN, COCHIN-1, REP. BY ITS HON. SECRETARY.
BY ADVS.SRI.C.K.KARUNAKARAN
SRI.C.E.UNNIKRISHNAN
SMT.JYOTHI LEKSHMI
SRI.MATHEW ABRAHAM (KOTTAYAM)
RESPONDENT(S):
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1. STATE OF KERALA AND OTHERS
REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE
GOVT. SECRETARIAT, THIRUVANANTHAPURAM.
2. THE DISTRICT COLLECTOR,
ERNAKULAM DISTRICT.
3. THE REVENUE DIVISIONAL OFFICER,
KOCHI.
4. THE TAHSILDAR,
KOCH TALUK.
5. THE VILLAGE OFFICER,
FORT KOCHI VILLAGE.
BY ADV. SMT. SHEELA BHAT, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
07-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 36969 of 2007 (A)
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APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1 : TRUE COPY OF DEED NO.1563 DATED 06.06.1821.
EXT.P2 : TRUE COPY OF COLLECTOR OF MALABAR
COMMUNICATION DATED 11.07.1944.
EXT.P3 : TRUE COPY OF G.O.(MS) 454/67/REV DATED
28.09.1967.
EXT.P4 : TRUE COPY OF G.O(MS) NO.376/86/RD DATED
05.05.1986.
EXT.P5 : TRUE COPY OF LETTER DATED 13.07.2001 OF THE 5TH
RESPONDENT.
EXT.P6 : TRUE COPY OF PETITIONER'S LETTER DATED
30.07.2001.
EXT.P7 : TRUE COPY OF LETTER NO.M4 5629/2001 DATED
29.10.2001.
EXT.P8 : TUE COPY OF PETITIONER'S LETTER DATED
19.11.2001.
EXT.P9 : TRUE COPY OF PETITIONER'S LETTER DATED
07.02.2003.
EXT.P10 : TRUE COPY OF 4TH RESPONDENT'S LETTER
NO.B1.8416/86(Z) DATED 17.12.2001.
EXT.P11 : TRUE COPY OF PETITIONER'S APPLICATION DATED
17.02.2003.
EXT.P12 : TRUE COPY OF PLAN 34 OF KERALA COASTAL ZONE
MANAGEMENT PLAN.
EXT.P13 : TRUE COPY OF PETITIONER'S PROPOSAL FOR LONG
LEASE.
EXT.P14 : TRUE COPY OF 4th RESPONDENT'S LETTER DATED
12.03.2004.
EXT.P15 : TRUE COPY OF 4TH RESPONDENT'S NOTICE NO.B1-
8416/86 DATED 08.03.2007.
EXT.P15A : TRUE COPY OF ENGLISHE TRANSLATION OF EXT.P15.
EXT.P16 : TRUE COPY OF PETITIONER'S LETTER DATED
16.03.2007.
EXT.P17 : TRUE COPY OF PETITIONER'S REPRESENTATION DATED
10.03.2007.
WP(C).No. 36969 of 2007 (A)
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PETITIONER'S EXHIBITS:
EXT.P17A : TRUE COPY OF ENGLISHE TRANSLATION OF EXT.P17.
EXT.P18 : TRUE COPY OF PETITIONER'S REPRESENTATION DATED
22.06.2007.
EXT.P18A : TRUE COPY OF ENGLISHE TRANSLATION OF EXT.P18.
EXT.P19 : TRUE COPY OF PETITIONER'S REPRESENTATION DATED
04.07.2007.
EXT.P19A : TRUE COPY OF ENGLISHE TRANSLATION OF EXT.P19.
EXT.P20 : TRUE COPY OF 4TH RESPONDENT'S COMMUNICATION
NO.B1-8416/86 DATED 21.11.2007 ENCLOSING COPY
OF 1ST RESPONDENT'S COMMUNICATION
NO.22509/A3/07/RD DATED 25.10.2007.
EXT.P21 : TRUE COPY OF PETITIONER'S LETTER DATED
26.11.2007.
EXT.P22 : TRUE COPY OF THE PETITION DATED 05.08.2011
SUBMITTED BEFORE THE 1ST RESPONDENT.
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY//
P.A. TO JUDGE
rv
B.P. RAY, J.
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W.P.(C) No. 36969 of 2007
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Dated this the 7th day of November, 2012.
JUDGMENT
The petitioner is the oldest club of Kochi catering to the needs of its members and it is a source of entertainment for its members. The land was leased out to the petitioner since 1914. Eversince, the lease had been renewed from time to time by the Governor of Madras and the 1st respondent State after its formation. The lease rent was being revised from time to time. The annual rent so fixed was `63,000/- till 31.03.2003. All of a sudden, the annual rent has been raised to `34,00,000/-. Hence this writ petition.
2. Heard the learned counsel for the petitioner and the learned Special Government Pleader for Revenue on behalf of the Government. The learned Special Government Pleader vehemently opposed the prayer in the writ petition and contended that the orders issued are in accordance with law.
3. The learned counsel for the petitioner submits that the imposition of lease amount may amount to closure of the same since the Club has no sufficient revenue. He further submits that it is a century old club which is a pride of Kochi and therefore, the Government should take a lenient view in fixing the rent to keep alive W.P.(C) No. 36969/2007 -:Page numbers:-
the heritage club of the State of Kerala.
4. In my considered view, the increase of rent is on the higher side. Therefore, it may not be possible on the part of the Secretary to consider the increase of rent. Let the petitioner make a representation before the Hon'ble Chief Minister of the State who shall place the same before the Cabinet and take appropriate decision blended with mercy and benevolence taking into account the services rendered by the petitioner for more than a century. I hope and trust that the cabinet will take appropriate decision and give some relief to the petitioner keeping in view the income of the petitioner and the services rendered by it. It is open to the petitioner to place its balance sheet before the Government for consideration. Till the representation is disposed of by the Government, the demand raised shall remain stayed. However, it is made clear that the petitioner shall go on paying the annual rent fixed since 1984. The petitioner shall submit its representation within two weeks from today and a decision shall be taken by the Cabinet within a reasonable time.
This writ petition is disposed of as above.
sd/- B.P. RAY, JUDGE.
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