First Bench recorded these submissions and expressed its oral displeasure in the way previously encroachment has been allowed to continue in government hospital land. It was stated in very clear terms that the Encroachers occupying illegally without any respect to law, be thrown out of the Government Hospital land in accordance with law. This should not be tolerated. Accordingly, a direction was given to the Respondents especially the Tahsildar, to immediately take all steps necessary, to remove the encroachment in accordance with law upon receipt of the replies if any from the encroachers
First Court Item 23. WP 14027 of 2024. Subramanian Vs District Collector. Pursuant to the orders of this Honourable Court in the previous occasion, the District Collector, Cuddalore, Chief Medical Officer, Kamaraj Government Hospital Chidambaram, Commissioner, Chidambaram Municipality, Cuddalore District appeared in person.
B. Jagannath, Learned Counsel appeared for the Petitioner, P. Srinivas, Learned Counsel appeared for Commissioner, Chidambaram Municipality, Respondent No.6, Suresh Learned Additional Advocate General, assisted by Learned Government Pleader, appeared for District Collector, Cuddalore and other revenue officials including the Tahsildar, Chidambaram Taluk.
Status reports were filed by the Respondent No.6, Municipality Commissioner & District Collector.
The Learned First Division Bench of the Honourable Madras High Court, questioned why the respondent, were not removing the encroachments. Furthermore, why two departments are claiming this land doesn’t belong them. Also, what action has been taken to remove the encroachers if the same have been identified. The Bench further opined it is not right to have such encroachments in Government land impending essential works for hospital. The question was posed to the Collector & Chief Medical officer in person, for which the CMO replied that the land belonged to the Hospital and if the same is given to the hospital without encroachment definitely additional block for betterment of poor patients will be constructed which will be used as ICU and that a letter was already sent to the Tahsildar & Municipality to this effect to remove the encroachment. The District collector stated that the district revenue officers – Respondents, especially the Tahsildar and collector held review meeting and it was decided in the meeting that as soon as possible, without delay all encroachment would be removed in accordance with law.
Learned AAG Suresh, further submitted that the section 7 notice under Tamil Nadu Land Encroachment Act has been given to all 56 encroachers, upon survey, whose name and details are given in the tabulation column in the status report and assured this Honourable Court that all encroachment would be removed upon following due process of law and getting reply after receipt of notice.
The Learned First Bench recorded these submissions and expressed its oral displeasure in the way previously encroachment has been allowed to continue in government hospital land. It was stated in very clear terms that the Encroachers occupying illegally without any respect to law, be thrown out of the Government Hospital land in accordance with law. This should not be tolerated.
Accordingly, a direction was given to the Respondents especially the Tahsildar, to immediately take all steps necessary, to remove the encroachment in accordance with law upon receipt of the replies if any from the encroachers. The entire exercise shall be completed and compliance report in form of status report shall be submitted within 6 weeks & accordingly the bench further adjourned the matter to 6 weeks.