Madras High Court Reserves Orders On Plea By Madras Race Club Seeking Exemption From Pre-Suit Notice To Govt Over Lease Termination

As per Section 80 of the Civil Procedure Code, no suit can be instituted against the Government or against a public officer in respect of any act purporting to be done by such public officer in his official capacity, until the expiry of two months after serving notice in writing.

Justice RMT Teeka Raman reserved orders after hearing lawyers for both the Madras Race Club and the State of Tamil Nadu.

On September 9, 2024, the revenue officials, along with a team of police officials appeared at the Madras Race Club wanting to take possession of the premises after the State terminated a 99-year-old lease with the Club. Following this, the Club approached the Madras High Court arguing that the State had acted undemocratically and that the club could not be deprived of the property in such a manner.

The club sought to file a civil suit challenging the termination of the lease. The present application was filed by the club seeking an exemption from the pre-suit notice to the state. The club had argued that it could not wait for two months since the State had given it only 15 days to hand over the possession of the club.

Though initially, the State argued that it would initiate two different proceedings for termination of the lease and for taking over the possession, the State later went back on the statement and said that it had taken over possession of the Club on September 9 itself.

The Club, however, countered this submission and said that it continued to retain the possession of the club and even submitted that horse races were being conducted every Sunday. The club submitted that it had paid the entire lease amount for the 99-year lease period and the State could not terminate the lease without giving sufficient opportunity to the Club. The state opposed this submission and said that the lease was terminated due to a violation of the lease agreement and in the interest of the public at large.

Case Title: Madras Race Club v State of Tamil Nadu

Case No: A 4809 of 2024