Madras Race Club land taken into possession for the interest of public, says TN govt in Madras HC
Justice RMT Teekaa Raman directed the State to file the relevant documents of Tahsildar establishing that the 160.80 acres of land was taken into the possession of the government and adjourned the matter on Tuesday (September 24).
Madras High Court
CHENNAI: The State submitted before the Madras High Court that the leased out land to the Madras Race Club was not only resumed for the breach of lease agreement but also for the interest of public at large.
Justice RMT Teekaa Raman directed the State to file the relevant documents of Tahsildar establishing that the 160.80 acres of land was taken into the possession of the government and adjourned the matter on Tuesday (September 24).
Senior counsel AL Somayaji representing the race club submitted that the lease agreement between the then government and the club was made for 99 years which expires only on 2045, said the counsel. The race club also paid the entire lease amount, hence the State cannot terminate the lease, he contended.
The counsel also objected to the counter filed by the State claiming that the land was already taken into possession.
Somayaji submitted that the State's counter is incorrect, made out with wrong perception, even after the order of terminating the lease was passed, the club conducted horse race twice on the subject land, said the counsel and contended that the land is in the possession of the race club.
Regarding the application moved by the race club to exempt it from issuing the pre-suit notice on the State challenging the order of termination, the senior counsel referred to section 80 (2) of the Code of Civil Procedure.
He submitted that as per the section 80 (2) of CPC, granting leave from issuing the pre suit notice is in complete discretionary of the Court. The senior counsel sought the Court to consider the grave urgency of the matter as more than 1000 workers depending on the race club and requested to allow the application.
Senior counsel Dushyant Dave appeared on behalf of the State submitted that according to section 80 (2) CPC issuing pre suit notice is absolutely necessary. Since the race club has violated the lease agreement, the State terminated the lease agreement, said the senior counsel.
He referred to section 108 of Transfer of Property Act, 1882 and submitted that it entitle the State to re-enter the leased out property and the lease agreement will automatically terminate in such resumption.
Since, the State has the right to re-enter and possess the land there is no maintainablity in the suit said the senior counsel and sought to dismiss the petition.
It was also contended that the agreement was made out during pre independence, such agreement is impermisable in a democratic State.
On September 9, the Chennai collector and revenue department closed the premise of the club encompassing the land to the extent of 160.80 acres, as the management failed to pay the rental dues.
Immediately the race club moved the civil suit challenging the order of termination with an application seeking leave from issuing two months long pre-suit notice on the State.
