THOTTATHIL B.RADHAKRISHNAN
Kovalam Hotels Ltd. , Represented by its Director – Appellant
Versus
State Of Kerala, Represented by it’s the Chief Secretary Trivandrum – Respondent
1. This writ petition is filed challenging the validity of the Kovalam Palace (Taking Over By Resumption) Act, 2005 enacted by the State of Kerala. Petitioners seek a declaration that the said statute is ultra vires and unconstitutional. They also seek ancillary reliefs. Background of the impugned enactment.
2. At the outset, for sake of brevity, it can be noted that the impugned legislation was brought in, in the wake of the judgment of this Court in W.A.No.1796/04 and connected case, even going by the preamble to the Act. The disputes between the State Government on the one hand and the Union Government and the India Tourism Development Corporation (ITDC) on the other gathered momentum with the ITDC and the Union of India proceeding with the proposal for disinvestment and in such process of disinvestment and re- structuring, the Kovalam Asoka Beach Resort was transfered to M/s.Kovalam Hotels Private Ltd., which, in turn, brought in M. Far Hotels Ltd, the appellant in W.A.1796/04 and Hotel Leelaventure Ltd., the second petitioner in this writ petition.
3. In terms of the directions contained in the judgment in W.A.1796/04 (Ext.P29), the State of Kerala and its Revenue off
1. Kesavananda Bharati v. State of Kerala [(1973) 4 SCC 225]
3. Bachan Singh v. State of Punjab [(1982) 3 SCC 24]
5. K.C. Gajapati Narayan Deo v. State of Orissa (AIR 1953 SC 375)
7. Indian Aluminium Co. v. State of Kerala
4. State of Maharashtra v. Labour Law Practitioners Assn.
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