Madras HC reserves orders on plea by Madras race club over lease termination

CHENNAI: The Madras High Court reserved the final orders in the application moved by the Madras Race Club seeking exemption from issuing a two-month-long pre-suit notice on the State challenging the termination of the lease agreement.

Justice RMT Teekaa Raman heard the civil suit and application challenging the State’s order of terminating the lease of 160.80 acres land with the Madras Race Club. Senior counsel Dushyant Dave, representing the State, submitted that the race club moved the suit by suppressing the fact that the land was already taken into possession and there was no urgency to hear the suit.

He referred to section 80 (2) of the Code of Civil Procedure and submitted that the Court has the discretionary power to grant exemption from issuing pre-suit notice as claimed by the race club. Still, it should be satisfied that the matter deals with urgency, he submitted.

He also submitted that the race club enjoyed 160 acres of land for several years by paying a meagre amount; now, the State has announced an eco-park there under public interest, he added.

Senior counsel AL Somayaji, on behalf of the race club, relied upon several Supreme Court judgments and said that taking possession of the land from the lessee without prior notice is illegal. It was also submitted that more than a thousand persons’ livelihood is at stake because of the State’s decision. After the submissions, the judge reserved the final orders without mentioning any date.