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K.C. Gopakumar

Kochi , April 8

A DIVISION Bench of the Kerala High Court today directed the State Government to put the M-Far Hotel Ltd, which has bought the ITDC's Ashoka Beach Resorts in Kovalam, back in possession of the Halcyon castle and its surrounding properties after quashing the Government Order taking over the castle.

The Bench comprising the Acting Chief Justice, Mr K.S. Radhakrishnan, and Mr Justice S. Siri Jagan, passed the order while allowing a writ petition filed by the hotel group challenging the takeover.

The court also directed the State Government to pay the group Rs 10,000 as litigation cost. According to the group, the Government action violated the principle of natural justice. The group had not been given an opportunity to be heard and the property was taken over forcibly.

The court observed that the hotel group was in legal possession of the property and the group could be dispossessed of the property only thorough the process of law and not thorough an executive fiat. The court was of the view that the State Government had shown tremendous haste in taking over the property.

It is a settled law that the State, while exercising its power, could not deprive a person of his property and such power could be exercised only by the authority of law. The haste shown by the Government was undemocratic and not befitting a civilized government, the court noted.

The court said that the presence of large contingent of police force, revenue officials and others was sufficient to establish that the property was forcibly taken over. The tenor of the Government Order also pointed to the forced takeover of the property.

The court also observed that the entry of revenue officials, police and local people into the hotel premises was unauthorised.

The court noted that pressure from various quarters pushed the executive out of the track and prompted it to adopt various measures, which were not legally maintainable.

The court made it clear that this ruling would not stand in the way of the government proceedings against the hotel group in accordance with the law.

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