JUDGMENT

Ashok Bhushan, Ag. C.J.

The State of Kerala has filed this Writ Appeal against the judgment of the learned Single Judge dated 07.01.2011 in W.P(C) No.31820 of 2005 - Kovalam Hotels Ltd. & Others v. State of Kerala and Others declaring the Kovalam Palace (Taking Over by Resumption) Act, 2005 as unconstitutional, void and inoperative.

2. The Kovalam Palace (Taking Over by Resumption) Act, 2005 (hereinafter referred to as 'the Resumption Act, 2005') came to be enacted on 12.08.2005 after a series of events, which need to be noted in detail for appreciating the issues, which have arisen in the Writ Appeal.

3. In the Writ Petition, apart from State of Kerala, other State authorities were impleaded as respondents 1 to 4, Union of India, represented by the Secretary, Ministry of Tourism, Government of India was the fifth respondent and India Tourism Development Corporation (ITDC) was the sixth respondent. Counter affidavits were filed by the State, Union of India and the ITDC in support of their respective claims. The petitioners had filed reply to the counter affidavit of the State. The learned Single Judge, after hearing the parties at length, allowed the Writ Petition declarin