Wednesday, September 11, 2024

Tamil Nadu seals Madras Race Club, to take over land as per law


Tamil Nadu seals Madras Race Club, to take over land as per law

A posse of police personnel and revenue officials arrived at MRC on Monday morning and locked the premises.


Revenue and police officials, descended on the MRC premises and sealed its gates on Monday morning Express photo | Martin Louis


Updated on:
10 Sep 2024, 10:27 am

CHENNAI: Amid tension surrounding the sealing of the Madras Race Club (MRC) located at Guindy in Chennai on Monday following the termination of a 1945 lease agreement, the Tamil Nadu government informed the Madras High Court that due procedures of issuing notices to the club will be followed before proceeding on to taking possession of the land.

A posse of police personnel and revenue officials arrived at MRC on Monday morning and locked the premises. A notice was also put out, stating the land is under the control of the revenue department and trespassers will be prosecuted.

Advocate General (AG) P S Raman made the submission before a division bench of Justices S S Sundar and K Rajasekar when an urgent motion moved by MRC seeking to stall the eviction process came up for hearing on Monday.

The AG explained the state government has issued a G.O. only for “terminating the lease” and not for taking possession of the land. “Separate proceedings will be initiated by issuing notices to the club regarding termination of lease agreement and taking possession of the land,” he informed the court.

Senior counsel A L Somayaji, appearing for the club, submitted that the government has attempted in an “undemocratic manner” to take possession of the land without even hearing his client.

MRC can appeal against order for termination: HC

The bench noted that it is a fundamental principle that notices should be issued before proceeding to evict someone from a property.

Recording the AG’s submission, the bench closed the motion petition and stated that the club could challenge the termination order if it wished to do so.

The litigation over MRC began with a demand notice issued by the revenue department seeking payment of the revised rental for 160.86 acres of land. The club challenged the notice in the high court. However, a single judge, in 2023, ordered the club to pay a substantial part of the rental (Rs 730.86 crore) within a month or face eviction.

The club preferred an appeal against this order. Subsequently, a division bench stayed certain parts of the order and directed maintenance of status quo.

Meanwhile, hearing a related petition, the division bench of Justices S S Sundar and K Rajasekar, on September 4, said it was “open to the respondents to terminate the lease if it is permissible in law.” Subsequently, the state government issued a G.O. on September 6 for terminating the lease agreement but without issuing notice to or hearing MRC.

The G.O. cites a report by the Chennai collector which details several violations by the club such as illegal construction of the banquet hall, allowing the Madras Gymkhana Club to continue their activities in the leased portion, construction of buildings without permission from the state government and allowing the Golf Club to function.

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