Madras High Court Flags Suppression of Facts In Chidambaram Kamaraj GH Encroachment Case
The Madras High Court has taken serious note of attempts by encroachers to suppress material facts and obtain parallel orders in matters relating to the removal of encroachments on government hospital land at Chidambaram.
The observations were made by the First Division Bench comprising Chief Justice Manindra Mohan Shrivastava and Justice G. Arul Murugan while hearing a public interest litigation (WP No. 14027 of 2024) seeking the removal of encroachments on land belonging to the Chidambaram Kamaraj Government Hospital, earmarked for the construction of additional ICU blocks, on 6 January 2026.
During the hearing, counsel for the petitioner, B Jagannath, submitted that an impleading petition filed on behalf of certain encroachers had been numbered without serving notice on the existing counsel and in violation of earlier directions of the court. He further informed the Bench that despite a specific direction to approach the First Division Bench, some encroachers had filed a separate writ petition before a coordinate Division Bench by deliberately suppressing the pendency of the present PIL. According to the submission, an order had been obtained in that writ petition directing removal of encroachments within 12 weeks, which was contrary to and in violation of the orders passed in the present proceedings.
Accepting these submissions, the First Division Bench orally observed that it shared the same concerns and expressed displeasure over what it described as an unfortunate and recurring practice of deliberate suppression of facts by certain counsels in encroachment-related matters. The Bench remarked that such conduct was unfair, unreasonable, and required to be dealt with firmly to prevent misuse of judicial processes.
The Bench also questioned counsel appearing for the impleading petitioners on whether any documentary evidence existed to establish ownership of the land. In response, counsel reportedly conceded that the land belonged to the Government Hospital, while contending that the encroachers were entitled to patta and alternative sites.
Additional Advocate General Suresh, appearing for the State, submitted that the land in question indisputably belonged to the Government Hospital and that de-occupation notices had already been issued. He informed the court that the encroachers had not vacated the premises citing orders passed by a coordinate Bench and that a status report had been filed in this regard. He further stated that the encroachments would be fully removed within two weeks.
After hearing all parties, the Bench recorded the State’s submission that proceedings were being initiated under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, and that necessary action would be taken at the earliest. The court reiterated that any encroacher aggrieved by an order passed under Section 6 of the Act could approach the High Court but clarified that no other authority would have jurisdiction to entertain such challenges without the leave of the court.
The matter was posted to 21 January 2026, for reporting compliance with the directions issued by the court.
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