MADRAS RACE CLUB Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The Writ Petition in W.P.No.29644 of 2017 has been instituted, to issue a Writ of Certiorarified Mandamus, calling for the records comprised in the Order bearing number A2/27480/1989 dtd. 8/6/2016 passed by the 4th respondent as well as the consequential demand notice issued by 4th Respondent in order bearing No.A2/27480/97 dtd. 31/8/2017 and quash the same and consequently forbear the 4th Respondent from in any manner interfering with the petitioner's right to carry on its legitimate business activity in the subject premises.

(2.) The impugned order dtd. 31/8/2017, wherein it has been ordered that the petitioner to remit the revised least rent arrears of Rs.730,86,81,297.00 (Rupees Seven Hundred and Thirty Crores Eighty Six Lakhs Eighty One Thousand Two Hundred and Ninety Seven only) for the leased out property to an extent of 160.68 acres for a long term tenure of 99 years from 1/4/1945 to 31/3/2044. CONTENTIONS OF THE PETITIONER:

(3.) The petitioner states that it is a non-profitable Recreation Club established under the Indian Companies Act, 1913 and has been in active operation for several decades. The petitioner club is one amongst the five Turf Authorities of India. The club was established for the purpose of fostering recreational activities, Games and Sports especially Horse Racing, which is recognised as a Game of Skill by the Hon'ble Supreme Court of India.