Madras High CourtAdministrative and Public LawCivil Procedure and Evidence

Avadi Encroachment Already Removed; Madras HC Dismisses Woman’s Plea To Decide Appeal Filed Days Earlier, Imposes ₹5,000 Costs

Mala @ C.Malathiv.THE SECRETARY TO GOVERNMENT

Avadi Encroachment Already Removed; Madras HC Dismisses Woman’s Plea To Decide Appeal Filed Days Earlier, Imposes ₹5,000 Costs. Mala  @ C.Malathi vs THE SECRETARY TO GOVERNMENT. Madras High Court. LawLens
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In brief

The question

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

The court held

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

It also directed

It 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.

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 · ¶ 1–2

The 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 · ¶ 4–6

By the hearing, the petitioner’s commercial establishment had been removed and the authorities had taken possession of the public property.

pp. 3–4 · ¶ 4–6

02Issues

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 · ¶ 2

ii.Whether an appeal under Section 80-A lies against enforcement proceedings initiated under the Tamil Nadu Urban Local Bodies Act

p. 3 · ¶ 4

03Law 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 · ¶ 2

Section 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 · ¶ 3

The 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 · ¶ 4

Provisions 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 · ¶ 2

If 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 · ¶ 3

Further, 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 · ¶ 4–6

05Holding

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 · ¶ 2–6

It 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 · ¶ 8
Madras High Court

Original Court PDF

Mala @ C.MalathivsTHE SECRETARY TO GOVERNMENT

Madras High Court · November 03, 2026

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