In an interim order, Justice S Sirijagan directed the government to return the possession of the prestigious club to its authorities tomorrow itself. The order was issued on a petition filed by the Trivandrum Golf club protesting the government's proposed move to take possession of the club.
Coming down heavily on the act of Principal Revenue Secretary, Nivedita P Haran, in taking over the property "disregarding" instructions given by the Advocate General, the court said the Secretary's act amounts to "negation" of the Constitution and "scant disregard" toward the judicial system and the Advocate General.
Justice Sirijagan also directed the Revenue Secretary, to be present in court next Monday for explanation. When the matter was taken up this afternoon, the government pleader informed the court that the Advocate General had contacted the Revenue Secretary and Thiruvananthapuram District Collector and had asked them to keep the showcause notice to club authorities in abeyance till Monday. Despite that, the Secretary had gone ahead and taken possession this morning itself.
The court said this act was "unbecoming" of a secretary. The Advocate General being a constitutional functionary is vested with the powers to advise government. When the Advocate General issues instructions to the Revenue secretary, she is bound to follow, the court held.
