Learned First Division Bench of the Honourable Madras High Court. Learned Counsel for Petitioner B. Jagannath, Edwin Prabhakaran, Learned Government Pleader assisted by TK Saravanan Additional Government Pleader for Respondents 1-3 and 5- namely District Collector & Sub Collector, Cuddalore District, Tahsildar, Chidambaram Taluk,

WP 14027 of 2024. A senior citizen by name Subramanian, Son of Kuttiyandi from Pallipadai Chidambaram in Cuddalore District, seeking a relief in the nature of Mandamus (Public Interest Litigation) directing the Respondents to remove illegal encroachment & unauthorised construction and demolish the same if any in Government Land belonging to Kamaraj Government hospital Chidambaram, comprised in Chidambaram Munsif Ward 4, Block 16, Survey TS1123,1124/1 and consequently perform repatriation of the same to Kamaraj Government General Hospital at Chidambaram within a reasonable time in accordance with law based upon representation of Petitioner dated 07.06.2022, 20.11.2023, 12.12.2023, 08.03.2024. The said matter was listed on 10.11.2025 before the Learned First Division Bench of the Honourable Madras High Court.

Learned Counsel for Petitioner B. Jagannath, Edwin Prabhakaran, Learned Government Pleader assisted by TK Saravanan Additional Government Pleader for Respondents 1-3 and 5- namely District Collector & Sub Collector, Cuddalore District, Tahsildar, Chidambaram Taluk, Executive Engineer PWD Maintenance & Building, Cuddalore District. P. Srinivas, Learned Counsel for Commissioner, Chidambaram Municipality, Cuddalore District- Respondents No.6 appeared.

Learned Counsel for Petitioner B. Jagannath, stated that due to the encroachments around the Kamaraj District Hospital in Chidambaram, Cuddalore District, essential services like ICU, Additional blocks are not being able to be built, leading to severe shortage of Space and live saving necessary infrastructure. Mr. Jagannath further relied upon certain documents from the typed set of papers, which clearly demonstrated that the land belonged to the Government to have additional blocks for Kamaraj Hospital and if the encroachment is removed it would save lives of thousands of critical patients as additional blocks & necessary infrastructure can be constructed for benefit of critical patients at large, as most of them are poor patients who throng the hospital for treatment. Learned Counsel for the Petitioner B. Jagannath further stated that though it is a Government Hospital, the doctors are performing excellently and it would aid in their service towards the common man if the encroachment is removed and lands are repatriated back to the Kamaraj Hospital, Chidambaram, Cuddalore District.

Per Contra the Learned Government pleader Edwin Prabhakar stated that they have identified 56 encroachments and municipality is collecting tax from the said encroachers.

After hearing the detailed arguments of the Learned Counsel appearing for all parties – the Learned First Division Bench of the Honourable Madras High Court passed the following orders

“The Petition has been filed alleging encroachments all around Kamaraj General Hospital, Chidambaram, Cuddalore District. In response to the notice, state authorities had carried out spot inspection and survey. The Statement of area encroached prepared in Form -I by the Tahsildar, Chidambaram dated 06.06.2024, shows that there are 56 encroachments. Learned State Counsel would submit that since the land is under the control of Municipality, report has been forewarned to Municipality for taking necessary action against the encroachers. Learned Counsel appearing for Municipality would submit that the encroachments are in fact on Government land and therefore it is for Government to ensure removal of encroachments. Learned State Counsel would submit that those who are encroachers are paying tax to Municipality. As there is a dispute with regard to control over the land, we direct the District Collector, Cuddalore, Chief Medical Officer, Government Hospital, Chidambaram and Commissioner, Chidambaram Municipality to remain present in Court along with records at the next date of hearing. List on 18.11.2025.