High Court of Kerala
THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE S.S. SATHEESACHANDRAN
The Trivandrum Golf Club & Others
Versus
State of Kerala
FAO.No. 63 of 2010
Decided on : 17-05-2010
Easements Act, 1882 - Section 60 - Whether a licensee can seek an injunction against the licensor to continue user of the land when license is found to be revocable at the instance of the licensor - Held, whether a bare licensee after revocation of the licence can institute a suit for declaration that the revocation of the licence by the licensor is illegal and unenforceable. Since the entitlement of a licensee, the Club, after revocation of the licence arrangement, to seek for a declaration that the termination order is illegal and unenforcible emerge for consideration in the suit once issues are settled on the pleadings of the parties we direct the court below to consider the entertainability of the suit as a preliminary issue before proceeding with further steps in trial of the suit - As the Club, the licensee has no right to continue in the land after revocation of the licence arrangement and its continuous use after termination is only as a trespasser, no indulgence is called for - Appeal Dismissed.
Satheesachandran, J.
The appeal is filed by the plaintiff in a suit for declaration that an order passed by the Government cancelling the licence agreement between the plaintiff and the Government is illegal, violative of the terms of the agreement and principles of natural justice, and hence null and void and unenforceable.
2. Plaintiff is a club namely "Trivandrum Golf Club" represented by its Secretary. The defendants in the suit are the Government and some public officials, with two of them sued in their individual capacity. In the suit, over and above seeking a decree of declaration as indicated above, the plaintiff has also asked for a decree of perpetual prohibitory injunction restraining the defendants from evicting the plaintiff from the plaint schedule property and interfering with or obstructing the plaintiff and its members from enjoying such property during the period specified under the licence agreement. An application for interim injunction identical to the perpetual prohibitory injunction sought for, till disposal of the suit, applied by the plaintiff, after hearing both sides, was dismissed by the court below, which, on the materials placed for the purpose of that interlocutory application, came to the conclusion that the plaintiff has not made out a case for the grant of such discretionary relief. Challenge in the appeal is against the order of the court below dismissing the application for interim injunction.
3. Plaintiff, namely, "Trivandrum Golf Club" is hereinafter referred to as the "Club". Subject matter of the litigation is property having an extent of 25.38 acres of land in Peerorkada village situate at Kawdiar in the heart of Trivandrum city, which is described as the plaint property in the suit. Property riginally belonged to the erstwhile Maharaja of Travancore, and pursuant to the accession of the princely state of Travancore with the Union, it became Government land. Admittedly, even long before the accession of the property as Government land, a golf course had been established in such property and was enjoyed by the members of the royal family. After accession of the land to the Government, in 1950, the management of the golf course was entrusted to the Trivandrum Golf Club, which then was an unregistered association, without any written arrangement. Later, after one or two orders passed by the Government with respect to the use of the golf course by the Club, an agreement was entered into between the Government and the Club. Ext.A3 is the copy of that agreement dated 24.6.1967. The Government is styled as the 'licensor' and the Trivandurm Golf Club, the 'licensee' in the agreement. The terms of the licence specified that the golf course and attached buildings shall continue to be maintained by the Public Works Department of the Government but the right of user will be with the licensee. Period of the licence was fixed as 99 years. Among other conditions directing the licensee to pay a sum of Rs.40/-as fee for the user of the golf course and attached buildings, it was also stipulated that the licensor shall have the right to cancel the licence and resume the property at the expiry of 30 years giving the licensee two years notice. In the event of the licensee using the building and premises for any purpose other than for which it was given, it was provided that the licensor shall have the right to cancel the licence and resume the property at any time without notice. The terms of the licence stipulated that the property should not be used for any purpose other than for golf or other sports activities and other incidental social functions connected with sports. While the golf course and the buildings continued to be used by the Club under the licence agreement, complaints about the misuse of the property were levelled from several quarters, and the licensor, the Government initiated proceedings for cancelling the licence of the Club. Such complaints and proceedings taken by the Govern
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