HC allows Ramaswamy trust’s horses to race
Sureshkumar.K@timesgroup.com
Chennai:11.01.2020
In a reprieve to industrialist A C Muthiah, the Madras high court has permitted the trust (Dr M A M Ramaswamy Chettiar of Chettinad Charitable Trust) managed by him to field horses in upcoming races organised by Madras Race Club (MRC). Earlier, the club management had restrained the trust from participating in the races citing a dispute over ownership and registration of horses bequeathed by the late M A M Ramaswamy.
The court directed the race club to collect necessary entry and other fees to enable participation of the horses of the trust in the classic races conducted by it in the 2020-21 season. The court also made it clear that the trust shall not be prevented from using the gold brown racing jersey which was originally allotted to M A M Ramaswamy.
Justice Senthilkumar Ramamoorthy passed the interim order, after refusing to accept the contention of the club management that a public trust cannot own horses and participate in races.
Citing the case of the Hyderabad Race Club in this connection, the judge said, “Statute might provide exemption from tax to buildings used for religious, educational and charitable purposes and is, therefore, not an authority for the broad proposition that a public trust cannot be a horse owner or cannot participate in horse races.”
The issue pertains to an order passed by the stewards of the club dated December 27, 2019, directing the trust to apply to the club for ownership/usage of racing colour in the appropriate form, with the necessary supporting documents and fee.
It further ordered that the trust is ineligible to race the horses pending registration of ownership and to use the racing colours pending registration. All entry of horses by the trust made as on the date were also cancelled.
The order was passed on the basis of a representation made by M A M R Muthiah, foster son of Ramaswamy, alleging that the trust was unfounded and that his father Ramaswamy was not stable in the fag end of his life and using it some people had attempted to grab his assets, including the horses owned by him, illegally.
Challenging the order, the management of the trust moved the high court, contending that Ramaswamy had disowned his foster son even during his life time and that the entire properties owned by him, including the horses, had been transferred to the public trust only as per his will.
Sureshkumar.K@timesgroup.com
Chennai:11.01.2020
In a reprieve to industrialist A C Muthiah, the Madras high court has permitted the trust (Dr M A M Ramaswamy Chettiar of Chettinad Charitable Trust) managed by him to field horses in upcoming races organised by Madras Race Club (MRC). Earlier, the club management had restrained the trust from participating in the races citing a dispute over ownership and registration of horses bequeathed by the late M A M Ramaswamy.
The court directed the race club to collect necessary entry and other fees to enable participation of the horses of the trust in the classic races conducted by it in the 2020-21 season. The court also made it clear that the trust shall not be prevented from using the gold brown racing jersey which was originally allotted to M A M Ramaswamy.
Justice Senthilkumar Ramamoorthy passed the interim order, after refusing to accept the contention of the club management that a public trust cannot own horses and participate in races.
Citing the case of the Hyderabad Race Club in this connection, the judge said, “Statute might provide exemption from tax to buildings used for religious, educational and charitable purposes and is, therefore, not an authority for the broad proposition that a public trust cannot be a horse owner or cannot participate in horse races.”
The issue pertains to an order passed by the stewards of the club dated December 27, 2019, directing the trust to apply to the club for ownership/usage of racing colour in the appropriate form, with the necessary supporting documents and fee.
It further ordered that the trust is ineligible to race the horses pending registration of ownership and to use the racing colours pending registration. All entry of horses by the trust made as on the date were also cancelled.
The order was passed on the basis of a representation made by M A M R Muthiah, foster son of Ramaswamy, alleging that the trust was unfounded and that his father Ramaswamy was not stable in the fag end of his life and using it some people had attempted to grab his assets, including the horses owned by him, illegally.
Challenging the order, the management of the trust moved the high court, contending that Ramaswamy had disowned his foster son even during his life time and that the entire properties owned by him, including the horses, had been transferred to the public trust only as per his will.
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