The DMK government in Tamil Nadu made yet another significant reversal in its stance before the Madras High Court on Monday, 23 September 2024. Within the same day, it took two opposing positions regarding the possession of lands leased to the Madras Race Club (MRC).
In the forenoon session, Additional Advocate General (AAG) J. Ravindran, representing the government, assured the court that it stood by the statements made by Advocate General (A-G) P.S. Raman regarding the MRC case. However, by the afternoon session, the government’s legal team contradicted this position, asserting that the A-G’s statements were “wrong both in law and on facts.”
The issue arose during a hearing before Justice RMT Teekaa Raman. In the morning, AAG Ravindran said, “I am instructed to say that this government stands by the undertaking given by the A-G. At no point in time have we differed from his undertaking. We respect his words, and the government stands by them.”
This clarification was significant since senior counsel P. Wilson, representing the Revenue Secretary, had informed the court on 19 September 2024 that the government had resumed possession of the leased lands at Guindy from Madras Race Club on 9 September 2024, contradicting a statement made by A-G Raman to a Division Bench earlier that day.
Senior counsel A.L. Somayaji, representing the MRC, and Gopal Sankaranarayanan, representing the Tamil Nadu Race Horse Owners Association and the Tamil Nadu Race Horse Trainers Welfare Association, requested that the court record the AAG’s morning submission. They argued that it confirmed MRC’s continued possession of the disputed lands.
However, when Wilson requested a brief adjournment, Justice Raman, in a lighthearted comment, asked, “Do you expect another turn of events by 2:30 PM?” Though the remark drew laughter, it turned out to be prescient when the government’s position changed in the afternoon.
Senior counsel Dushyant Dave, appearing for the Revenue Secretary, asserted in the afternoon session that the government had taken possession of the lands on 9 September 2024 at 8 AM. He argued that Madras Race Club could not rely on the A-G’s earlier statement to claim continued possession of the property. “A statement that is wrong in law and fact is never binding on the client,” Dave said.
Sankaranarayanan intervened, pointing out that the AAG had reaffirmed the government’s commitment to the A-G’s statement earlier that morning. The AAG, however, objected, stating that the horse owners and trainers had no role at this stage, as MRC’s civil suit had yet to be formally numbered. The MRC had only filed an application seeking an exemption from the requirement to issue a two-month pre-suit notice.
Dave continued his argument, stating that MRC had received a show cause notice in 2018 for violating the terms of its 1946 lease. The club had responded, but the reply was deemed unsatisfactory. As a result, a Government Order (G.O.) was issued on 6 September 2024, terminating the lease and instructing the Chennai Collector to take possession of the lands immediately.
“It is in the context of this G.O. that the A-G’s statements must be understood,” Dave argued. He contended that the A-G’s statement had been made in error. “We all make mistakes at the Bar as counsel,” he added, emphasizing that the A-G’s statement should not be grounds for challenging the government’s possession of the land.
In response, Somayaji argued that the MRC remained in possession of the land and presented evidence, including horse races conducted on 14 and 21 September 2024. He insisted that the government’s 15-day notice to vacate the property justified waiving the usual two-month pre-suit notice requirement.
When the judge inquired if any revenue proceedings existed to prove the government had taken possession of the land, Dave said no such documents were immediately available. However, he maintained that the government had the right to repossess the land due to the lease violations.
The day’s hearing concluded without a final resolution, and the case will continue on Tuesday. In a related development, Revenue Secretary P. Amudha filed an affidavit stating that the lease with MRC had been officially terminated on 6 September 2024, and possession of the land was taken at 8 AM on 9 September 2024. The MRC had been given 14 days to remove all movable property from the site.
This high-profile case is set to continue with further arguments on Tuesday, 24 September 2024.
(With inputs from The Hindu)
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