In view of the order passed by us earlier that if any encroacher is aggrieved by any order passed under Section 6 of the Act of 1905, he/she is at liberty to make an application before this Court, it is made clear that no other authority shall have jurisdiction to entertain the application in the matter of challenge to the order under Section 6 of the Act, except with the leave of the court. List the matter on 21.1.2026 for reporting compliance. (MANINDRA MOHAN SHRIVASTAVA,CJ) (G.ARUL MURUGAN,J) 06.01.2026 sasi ___________

[08/01, 07:43] Sekarreporter: [08/01, 01:17] B. JAGANNATH Advt: Item 30 before the Learned First Division Bench on 06.01.2026.

WP 14027 of 2024- Public Interest Litigation to remove encroachment at Chidambaram Kamaraj Government Hospital (GH) in Hospital land for construction of additional blocks for ICU. Learned Counsel for Petitioner, B. Jagannath, Suresh, Learned Additional Advocate General assisted by Vijay Anand for Respondents, P. Srinivas, Learned Counsel for Municipality Commissioner, Chidambaram. Intervention impleading petition WMP 242/2026 filed by Thirumoorthi on behalf of Thilainayagi & 8 other encroachers. Last date of hearing, the following orders was passed by this Honourable Court.
[08/01, 01:17] B. JAGANNATH Advt: When the matter was taken up for hearing, the Learned Counsel for Petitioner, B. Jagannath , informed the Honourable Court that Impleading Petitioner, had not served the counsel & numbered Impleading petition behind the back.
Learned Counsel for the Petitioner pointed out that despite there being a specific direction by this Honourable Court to approach the First Bench, certain encroachers have filed a Writ Petition, in one of the most misleading manner & have deliberately suppressed & materially concealed the vital information that this Writ Petition is pending & by suppressing the pendency of present WP – have approached the Co ordinate Division Bench of this Honourable Court and an order has been passed to remove encroachment within 12 weeks, which is in pure violation of the order passed by this Honourable Court in the present WP. Accepting the arguments made by the B. Jagannath Learned Counsel for Petitioner, the Learned First Division Bench further opined orally that they echoed the same sentiments and it had become an unfortunate habit of certain counsels to deliberately conceal facts in matters pertaining to Encroachment & that this is not the first time it is happening & it is most unfortunate. These kinds of practice of deliberately concealing information & pendency of connected cases and obtaining orders has to be strongly dealt with and stopped. Furthermore, the Learned Division Bench came down heavily orally against the encroachers, for indulging in such kinds of activities, which is completely unfair and unreasonable. This kind of practice is wrong. The Counsel for Impleading petitioner, was asked a specific question whether there is any documentary evidence to show that land belongs to his client, for which he accepted that land belonged to the General Hospital but they are entitled to patta and for alternative site. The Learned AAG Suresh, intervened and stated that the land belonged to Government Hospital (GH), de occupation notice had been granted and they were not evacuating due to order passed by Co ordinate bench & filed a status report incorporating the same & stated further that within 2 weeks the encroachment will be fully removed.

Upon hearing counsel for all parties, the Learned First Division Bench of the Honourable Madras High Court was pleased to pass following orders and posted the matter for 21.01.2026 for compliance with following directions:-

Learned counsel for the State would submit that since various
proceedings are being drawn against the order passed under Section 6
of the Tamil Nadu Land Encroachment Act, 1905, the authority would
take necessary action as early as possible.
2. In view of the order passed by us earlier that if any
encroacher is aggrieved by any order passed under Section 6 of the
Act of 1905, he/she is at liberty to make an application before this
Court, it is made clear that no other authority shall have jurisdiction to
entertain the application in the matter of challenge to the order under
Section 6 of the Act, except with the leave of the court.
List the matter on 21.1.2026 for reporting compliance.
[08/01, 07:44] Sekarreporter: W.P.No.14027 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.01.2026
CORAM
THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA,
CHIEF JUSTICE AND
THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN
W.P.No.14027 of 2024
Subramanian (Senior Citizen)
S/o.Kuttiyandi,
No.505, Poodakeni Main Road, Pallipadai, Chidambaram, Cuddalore District.
Petitioner(s)
Vs
The District Collector
Cuddalore-607 001 and 5 others
Respondent(s)
For Petitioner(s): Mr.B.Jagannath
For Respondent(s):Mr.M.Suresh Kumar
Additional Advocate General
Assisted by Mr.T.K.Saravanan Addl. Government Pleader for respondent Nos.1 to 5
Mr.P.Srinivas Standing Counsel for respondent No.6
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W.P.No.14027 of 2024
ORDER
(Order of the Court was made by the Hon’ble Chief Justice)
Learned counsel for the State would submit that since various proceedings are being drawn against the order passed under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, the authority would take necessary action as early as possible.
2. In view of the order passed by us earlier that if any encroacher is aggrieved by any order passed under Section 6 of the Act of 1905, he/she is at liberty to make an application before this Court, it is made clear that no other authority shall have jurisdiction to entertain the application in the matter of challenge to the order under Section 6 of the Act, except with the leave of the court.
List the matter on 21.1.2026 for reporting compliance.
(MANINDRA MOHAN SHRIVASTAVA,CJ) (G.ARUL MURUGAN,J)
06.01.2026
sasi
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