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2010 Supreme(Ker) 295

PIUS C.KURIAKOSE, S.S.SATHEESACHANDRAN
The Trivandrum Golf Club – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:For the Petitioner:T. Krishnan Unni (SR.), Advocate. For the Respondent: Ranjith Thampan, Addl. AG.

Judgment :-

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 purp









































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