SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2011 Supreme(Ker) 30

THOTTATHIL B.RADHAKRISHNAN
Kovalam Hotels Ltd. , Represented by its Director – Appellant
Versus
State Of Kerala, Represented by it’s the Chief Secretary Trivandrum – Respondent


Advocates Appeared:
For the Petitioners:K.P. Dandapani (SR.), Nagashwara Rao, Sumathi Danapani, Sr. Adovcates, Millu Danapani, Advocate.
For the Respondents:R1 to R4, M.P. Sreekrishnan Advocate General, R5, Jhon Varghese, A.S.G., P. Paraameswaran Nair, A.S.G.

JUDGMENT :-

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





















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top