Mala @ C.Malathi vs THE SECRETARY TO GOVERNMENT
- Court
- Madras High Court
2026:MHC:4468
WP No. 45119 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-11-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN
WP No. 45119 of 2026
CNR: {HCMA012658422026}
Mala @ C.Malathi
..Petitioner(s)
Vs
1. The Secretary To Government
Municipal Administration and Water Supply
Department,
Fort St.George,
Chennai 09
2. The commissioner
Avadi Municipal corporation,
Avadi,
Tiruvallur district
3. The Tahsildar
Avadi Taluk
Avadi
Tiruvallur District
..Respondent(s)
Writ Petition filed under Article 226 of the Constitution of India issuing
st
writ of mandamus directing the 1 respondent to consider and pass
orders on merits by disposing the application made u/s. 80-A of Tamil
Nadu Town and Country Planning Act submitted by the petitioner on
27.10.2026 within a stipulated time.
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2026:MHC:4468
WP No. 45119 of 2026
For Petitioner(s): Mr.C.Prakasam
For Respondent(s): Mr.K.Surender
Special Government Pleader For R 1,3
Mr.RA.Gopinath
Standing Counsel For R -2
ORDER
(Order of the Court was made by S.M.Subramaniam J.)
Writ of Mandamus has been instituted to direct the first respondent
to consider and pass orders on the appeal made by the petitioner under
Section 80-A of the Tamil Nadu Town and Country Planning Act on
27.10.2026.
2. Curiously, petitioner filed an appeal under Section 80-A of the
Tamil Nadu Town and Country Planning Act on 27.10.2026 and filed the
present writ petition within a period of 4 days i.e., on 02.11.2026.
Dealing with an appeal under Section 80-A of the Act requires some
time for the Government to conduct an enquiry by affording opportunity
to the parties and pass an order. Without even waiting for the
Government to entertain the appeal, present writ petition is filed, which
cannot be appreciated by this Court.
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WP No. 45119 of 2026
3. If at all any interim order is required, sub-section (3) to Section
80-A contemplates that authority competent may pass an interim order.
Instead of approaching the Government for any such interim order, the
present writ petition has been instituted. That apart, in the present case,
enforcement actions have been initiated under the provisions of the
Tamil Nadu Urban Local Bodies Act.
4. Learned Standing Counsel for Avadi Corporation would submit
that four notices were issued on the earlier occasions. This Court
already directed the authorities to remove the encroachments. In
pursuance of the orders of this Court, enforcement actions were initiated
and sufficient opportunities were afforded to the encroachers. Final
notice was issued on 22.10.2026 under Section 128(1)(b) & (2) of the
Tamil Nadu Urban Local Bodies Act. Against the said proceedings
issued under the Urban Local Bodies Act, no appeal would lie under
Section 80-A of the Town and Country Planning Act. Therefore, appeal
preferred by the petitioner under Section 80-A of the Town and Country
Planning Act before the Government is not entertainable. The
enforcement action initiated under the Urban Local Bodies Act became
final.
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WP No. 45119 of 2026
5. Learned Standing Counsel for Avadi Corporation and the
learned Special Government Pleader would submit that enforcement
action has already been commenced, and commercial establishment
constructed by the petitioner have been removed.
6. In view of the fact that encroachments have already been
removed and authorities have taken possession of the Government
public property, they are expected to protect the same and utilize the
same for public purposes in the manner known to law. As far as the
present writ petition is concerned, petitioner has erroneously preferred
an appeal under Section 80-A and more so, filed the present writ petition
within a period of four days from the date of filing of the appeal seeking a
prayer to dispose of the said appeal.
7. For all these reasons, the writ petition stands dismissed with a
cost of Rs. 5,000/- in favour of Tamil Nadu Advocate Clerks' Association,
Indian Bank, High Court Branch, Account No. 484026006, IFSC Code:
IDIB000M157 on or before 12.11.2026. Consequently, the connected
miscellaneous petitions, if any, are closed.
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8. Post the matter for reporting compliance on 13.11.2026.
(S.M.S.,J.) (R.R.V.,J.)
03-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
GD
Copy to
The Secretary,
Tamil Nadu Advocate Clerks' Association,
Madras High Court.
To
1. The Secretary To Government
Municipal Administration and Water Supply
Department,
Fort St.George,
Chennai 09
2. The commissioner
Avadi Municipal corporation,
Avadi,
Tiruvallur district
3. The Tahsildar
Avadi Taluk
Avadi
Tiruvallur District
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WP No. 45119 of 2026
S.M.SUBRAMANIAM, J.
AND
R.RAJESH VIVEKANANTHAN, J.
GD
WP No. 45119 of 2026
03-11-2026
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