Madras HC Says Section 80-A Appeal Cannot Challenge Inspection Notice, Dismisses Plea For Early Disposal

The petitioner sought a writ of mandamus directing the first respondent to dispose of his application dated 15 September 2026, described in the prayer as an appeal under Section 80(a) and in the Court’s order as an appeal under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971.

The application challenged an inspection notice.

The first respondent submitted that the application was not maintainable because Section 80-A did not provide a remedy against an inspection notice.

Section 80-A(1) of the Tamil Nadu Town and Country Planning Act, 1971 empowers the Government, notwithstanding Section 80, to call for and examine the records of the appropriate planning authority concerning the sealing of premises under Section 56(2-A) or Section 57(4), and to modify, annul or reverse the relevant action or decision, or remit it for reconsideration.

The remedy is confined to the actions or decisions specified in that provision; an inspection notice is not among them.

No precedent was cited.

The petitioner’s application challenged an inspection notice, rather than an order or action concerning the specified sealing of premises under Section 56(2-A) or Section 57(4).

Because Section 80-A did not provide a remedy against an inspection notice, the application was not maintainable.

The Court therefore held that the requested mandamus to secure its disposal could not be granted.

No costs were ordered, and the connected miscellaneous petition was closed.