Southern States - Tamil Nadu   

HC orders status quo in Cosmopolitan Club case

By A. Subramani

CHENNAI JULY 1. The Madras High Court has restrained the Government from taking over 77.37 acres of land at Nandanam leased out to the Cosmopolitan Club since July 1937.

On the club's petition, which challenged a Revenue Department order issued on June 28 cancelling the lease and ordering the "resumption of the land", Justice V. Kanagaraj said the status quo should be maintained.

Posting the case to July 9 for hearing, he said, ``in the meantime there cannot be any alteration or change of position of parties...there shall not be any interference or disturbance on the possession'' of the land.

The club contended that since 1937, when the land was first allotted to it, the Government was renewing the lease periodically. It renewed the licence last on March 24, 2001 in favour of the club and appointed a governing body comprising 5 persons each representing the club, the Government and the Tamil Nadu Golf Federation.

On May 6, 2002, the present Government issued a show cause notice to the club and the Tamil Nadu Golf Federation alleging that in view of violation of certain mandatory business rules, the licence could be revoked. Rejecting the club's explanation, it cancelled the licence on June 28 and served the order on June 29.

The club said that since it was a company registered under the Companies Act, the Government could not impose any restriction on the functioning of the club. ``It would be tantamount to interfering with the internal affairs of the company and would be without jurisdiction."

The Government cannot dispossess the club without following the procedure under the Tamil Nadu Public Premises (Eviction of unauthorised Occupants) Act, the petition contended.

The Government acted with malafide intention since the Chief Minister and the Finance Minister had criticised the president of the Tamil Nadu Golf Federation, N. Srinivasan, of being "a benami to the Union Minister, Murasoli Maran".

``Having openly criticised the joint lessee, it is clearly established that the Government had acted with a political vendetta." It sought to quash the Revenue Department order dated June 28 and as an interim relief prayed for an interim injunction restraining the Government and its officers from interfering with the possession and enjoyment of the land pending disposal of the petition.

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