01Facts
The petitioner filed an appeal under Section 80-A of the Tamil Nadu Town and Country Planning Act on 27 October 2026, then filed this Article 226 writ petition on 2 November 2026 seeking a direction for its disposal
p. 2 · ¶ 1–2The Corporation submitted that it had issued four notices, and, following an earlier direction of the Court to remove encroachments, issued a final notice under Section 128(1)(b) and (2) of the Tamil Nadu Urban Local Bodies Act on 22 October 2026.
pp. 3–4 · ¶ 4–6By the hearing, the petitioner’s commercial establishment had been removed and the authorities had taken possession of the public property.
pp. 3–4 · ¶ 4–602Issues
i.Whether the Court should direct the Government to dispose of the petitioner’s Section 80-A appeal when the writ petition was filed only four days after the appeal
p. 2 · ¶ 2ii.Whether an appeal under Section 80-A lies against enforcement proceedings initiated under the Tamil Nadu Urban Local Bodies Act
p. 3 · ¶ 403Law Applied
Article 226 empowers the High Court to issue writs, including mandamus, but the Court considered it inappropriate to require disposal of an appeal only four days after filing where the Government needed time to conduct an inquiry, afford the parties an opportunity to be heard, and decide the matter
p. 2 · ¶ 2Section 80-A(3) of the Tamil Nadu Town and Country Planning Act provides for an interim order by the competent authority, which the petitioner could have sought from the Government.
p. 3 · ¶ 3The Court accepted the submission that Section 80-A did not provide an appeal against proceedings taken under the Tamil Nadu Urban Local Bodies Act
p. 3 · ¶ 4Provisions in the judgment · 1 · Linked ones open on LawLens
Tamil Nadu Local Bodies Ombudsman Act, 2014 Section 128
04Reasoning
The Court found the mandamus application premature: the petitioner sought a disposal direction just four days after lodging the appeal, without allowing the Government reasonable time to consider it.
p. 2 · ¶ 2If interim relief was needed, Section 80-A(3) provided a route to seek it from the competent authority, rather than immediately approaching the Court.
p. 3 · ¶ 3Further, the appeal was directed against enforcement action under the Urban Local Bodies Act, not an order appealable under Section 80-A; meanwhile, the encroachment had been removed and the public property taken into possession.
pp. 3–4 · ¶ 4–605Holding
The Court dismissed the writ petition, holding that the petitioner had filed it prematurely and had erroneously invoked Section 80-A against the enforcement proceedings described
pp. 2–4 · ¶ 2–6It ordered the petitioner to pay costs of ₹5,000 to the Tamil Nadu Advocate Clerks’ Association by 12 November 2026 and listed the matter for reporting compliance on 13 November 2026.
p. 4 · ¶ 7 · p. 5 · ¶ 8Original Court PDF
Mala @ C.MalathivsTHE SECRETARY TO GOVERNMENT
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