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2026 Supreme(Online)(Mad) 35460

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Sushrut Arvind Dharmadhikari, CJ, G.Arul Murugan, J
G.Arul – Appellant
Versus
The Principal Secretary to Government, Tamilnadu Medical and Public Welfare Department, Secretariat, Chennai. – Respondent
WP No.50695 of 2025|WMP No.11274 of 2026



Advocates:
For the Appellants/Petitioners: No appearance
For the Respondents:Mrs.M.Sneha Spl. Counsel for RR 1 to 3, Mr.K.Karthik Jagannath, Govt. Advocate, for RR 4 to 8

Petitioner's apprehension against commercial construction on health land redressed by respondents' assurance of reconstruction; writ closed.

Headnote:Under Article 226 of the Constitution of India, the petitioner sought a writ of mandamus to prevent construction of a commercial building on government land originally intended for a Primary Health Centre and to direct its use for healthcare. The facts reveal that the Primary Health Centre was dilapidated, demolished, and temporarily relocated, with revenue records confirming subdivision of the land. The court found the respondents' clarification that no commercial construction would occur on earmarked health land and a proposal for reconstruction was submitted, redressing the petitioner's apprehensions. The primary issue was whether respondents should be directed to forbear commercial construction on health centre land. The court's ratio decidendi rested on the counter-affidavit evidence showing the land's government ownership and commitment to reconstructing the health facility, rendering further directions unnecessary. The writ petition stands closed with no order as to costs.

Table of Content
1. no petitioner representation noted. (Para 1)
2. petition seeks to prevent commercial construction on health land. (Para 2 , 3)
3. apprehensions redressed; petition closed. (Para 4)

8. The Tahsildar, Taluka Office, Sankagiri Taluk, Salem District. .. Respondents Prayer: Petition filed under Article 226 o the Constitution of India for issuance of a Writ of Mandamus directing the 1st to 5th respondents to direct the 6th respondent not to construct commercial building for the land belongs to 2nd respondent, consequently directing the respondents to utilize the same for health care by considering the petitioner representation dated 19.08.2025. For Petitioner : No appearance For Respondents : Mrs.M.Sneha Spl. Counsel for RR 1 to 3 : Mr.K.Karthik Jagannath, Govt. Advocate, for RR 4 to 8.

* * * * *

ORDER (Order of the Court was made by G.Arul Murugan, J.)

No representation for the petitioner.

2. This writ petition is filed seeking for a direction to respondents

1 to 5 to forbear the 6th respondent from constructing the commercial building on the land belonging to the second respondent.

3. The respondents have filed a counter-affidavit. From the revenue records, it could be discerned that originally an extent of 0.77.0 hectares of land is available in S.No.214/2 and thereafter, an extent of 0.05 ares of land has been sub-divided as S.No.214/6 and given to the 5th respondent.

4. It is submitted by the respondents that the Primary Health Centre, which already existed, since became dilapidated and was demolished, now the Municipality is intending to put up a commercial construction only in the land which is earmarked and stands in the name of the Government. It is also made clear in the counter-affidavit that since the Primary Health Centre has been demolished and it has been shifted temporarily to the nearby place, they have sent proposal to the Government seeking to put up fresh construction in the place earmarked in favour of the 5th respondent.

In view of the submissions made by the respondents, the apprehension raised by the petitioner stands redressed and recording the same, this writ petition stands closed. There shall be no order as to costs. Consequently, the interim application for impleadment also stands closed.

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