In a surprising reversal, the Tamil Nadu government informed the Madras High Court on Thursday that it had already taken possession of 160.68 acres of land leased to the Madras Race Club (MRC) as of 9 September 2024. This was contrary to the earlier statement made by Advocate-General P.S. Raman on 5 September 2024, where it was claimed that the government had yet to take possession and had only issued a termination of lease notice.
The contradiction emerged during a hearing on a civil suit filed by MRC, challenging the lease termination and seeking time to hand over possession of the land. Based on the Advocate-General’s earlier statement, the court refused to grant MRC any interim relief on 9 September 2024, allowing the revenue department to seal the MRC premises in Guindy due to ₹730 crore in unpaid rental arrears.
When the case was heard again, senior advocate P. Wilson, representing the revenue department, informed the court that there was no urgency in the matter since the government had already taken possession of the land. However, this raised eyebrows in court, as it conflicted with the earlier statement made by the Advocate-General before a division bench, which had indicated that the land was yet to be taken. If one were to go by Wilson’s statement, the DMK government is effectively disowning its own Advocate General.
Justice R.M.T. Teekaa Raman questioned whether the revenue department was now disputing the Advocate-General’s previous submission, given his constitutional authority. Additional Advocate-General J. Ravindran and senior advocate Wilson explained that a modification petition had been filed to alter the previous statement made by the Advocate-General, although the petition has yet to be listed.
The court, while recording these developments, remarked, “You (the government) wanted to tie the hands of the division bench by the Advocate-General’s submission, and now you want the submission to be lifted.” The hearing was adjourned until 23 September 2024, allowing the revenue department time to file its response.
This case follows the issuance of G.O.(Ms.) No. 343 by the Revenue and Disaster Management Department on 6 September 2024, which officially terminated the lease granted to MRC and directed the district collector to take immediate possession of the land. Although this government order has not yet been challenged in court, MRC’s senior counsel has indicated that legal action may follow.
The Advocate-General is a constitutional position, and is the legal representative of the state government. The DMK government in effect has countered its own advocate who is a Constitutional Authority. It is highly unethical for the state to abandon a constitutional authority like the AG, who provided a clear undertaking.
The controversy has escalated due to the government’s actions, including deploying police forces at the MRC premises to prevent what MRC claims is an unlawful eviction.
(With inputs from TOI)
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