Madras Race Club case: High Court dismisses Gymkhana Club’s petition

CHENNAI: The Madras High Court dismissed the plea of Gymkhana Club seeking dispensation with the issuance of a pre-suit notice to restrain the State from damaging and taking possession of the golf course located within the premises of Madras Race Club (MRC) at Guindy.

Because the court couldn’t find any legal relationship between Madras Race Club, the original lessee of the land, and the Gymkhana Club, there is no locus standi in the petition, wrote Justice RMT Teeka Raman while dismissing the plea.

If the Gymkhana Club has any grievance towards the action of the State by taking over the possession of the land, it can send a notice under section 80 (1) of the Civil Procedure Code, added the court.

The Gymkhana Club moved the petition claiming the club established a golf course surrounded by horse race tracks on the MRC premises at Guindy in 1887 and added that they are also the original lessee along with Madras Race Club.

Without any notice or intimation, the State closed the entry of the golf course followed by the proceedings of premature termination of a 99-year-long lease entered between the State and the MRC in respect to 160.86 acres of lands at Guindy, said petitioner.

The petitioner contended that no opportunity was given to the Gymkhana Club even though they have maintained the golf course for the past 147 years.

The petitioner also highlighted that a team of government officials entered the golf course with an earth mover on October 4. They dug a trench at the entrance and it would cost Rs 50 lakh to repair the damage, the petition read.

Senior counsel PR Raman on behalf of the Gymkhana club submitted that the State is allowing horse races but denying entry to the golf course. The revenue department dug up the golf course with JCB and bulldozers citing that the sidewalks are flooded due to disaster management reasons, said the senior counsel.

Further, it was submitted that the petitioner has owned the land for more than 147 years and sought to restrain the State from proceeding with digging up the land anymore and the status quo should be maintained. Citing the violation of the petitioner’s rights, the senior sought dispensation with the issuance of a pre-suit notice as the matter is urgent.

Objecting to the submission, Additional Advocate General (AAG) J Ravindran questioned the locus standi and maintainability of the petitioner as the land was leased out to Madras Race Club. As the lease agreement was terminated and the land was taken into possession the petitioner cannot claim any right to stall the process, said the AAG.