The Madras High Court on Thursday dismissed appeals preferred by Cosmopolitan Club in Chennai and permitted Tamil Nadu Golf Federation (TNGF) to proceed with the construction of a club house on the Cosmo-TNGF golf course. The court did not find any merit in the appeals preferred by the club against the construction.
Second Division Bench of Justices M. Duraiswamy and Sunder Mohan concurred with senior counsel P.R. Raman, representing TNGF, that a single judge of the High Court had rightly refused to pass any kind of interim orders in favour of the club and such refusal would not call for any interference by the appellate forum.
The Bench pointed out the club as well as TNGF had jointly obtained government land on lease for a period of 30 years. An agreement between the club and the federation clearly authorises the latter to construct a club house in addition to the existing Travancore pavilion on the golf course.
“Having agreed to permit the respondent to construct their own club house on receipt of consideration, the appellant cannot go back and prevent the respondent from constructing it,” the Bench observed. It also took note that both the club and the federation were governed by separate bipartite land management committees.
The committees comprised of senior government officials and the committee pertaining to the federation had given approval for the construction of the club house. “Therefore, in our view, the appellant has no right to question the decision of the bipartite land management committee pertaining to the respondent,” the judges said.
Authoring the verdict for the Bench, Justice Mohan also refused to accept the club’s complaint that the federation was poaching its members. “We are of the view that, if the golf playing members are attracted towards the respondent and its facilities, it cannot be said that the respondent had violated the terms of the agreement,” he wrote.
The Division Bench also recorded the submission of Mr. Raman that the golf playing members of Cosmopolitan Club would not be prevented in any way and they would also be permitted to use the golf course as well as the club house, to be constructed, on payment of the stipulated charges.
