Tue Oct 28 10:52:04 UTC 2025: News Article:
Madras High Court Judge Refuses Recusal in Land Dispute Appeal
Chennai, October 28, 2025 – Justice S.M. Subramaniam of the Madras High Court has declined a request to recuse himself from hearing an appeal filed by the Tamil Nadu government against the Madras Race Club (MRC) regarding a land dispute in Guindy. The government’s appeal challenges a previous status quo order issued by a single judge, Justice K. Kumaresh Babu, concerning the MRC’s possession of over 140 acres of land.
The State government, represented by senior counsel P. Wilson, filed the appeal to strengthen four ponds located on the disputed land before the monsoon season.
However, senior counsel P.H. Arvindh Pandian, representing the MRC, requested Justice Subramaniam’s recusal, citing a prior 2023 case where the judge had issued adverse orders against the club regarding rental arrears and directed the government to evict MRC from the Guindy property if they failed to pay the revised rent. Pandian argued that Justice Subramaniam’s previous involvement, including his representation against MRC as a lawyer in past civil suits, created a “real apprehension” of bias.
Justice Subramaniam dismissed the recusal request, stating that not every suspicion of bias warrants a judge’s withdrawal from a case. He emphasized that his decision was made after discussing the matter with Justice Mohammed Shaffiq, who agreed that recusal was unnecessary.
The Division Bench admitted the State appeal and issued a notice to MRC, returnable in four weeks. As an interim measure, the court modified the single judge’s status quo order, allowing the government to proceed with strengthening the ponds and undertaking other public interest projects on the land. The court emphasized that these infrastructure projects serve the “larger public interest.”
First Piper 