WP/40481/2026 of Saravanan Kumar Vs The Block Development Officer on 8 October 2026

ORDER

(Order of the Court was made by S.M.Subramaniam J.) The present writ petition has been instituted to direct the 2nd respondent to consider and dispose of the appeal.

2. Admittedly, the appeal under Section 80-A of the Town and Country Planning Act, 1971 [hereinafter referred to as ‘the Act’] was filed by the writ petitioner before the Government on 10.08.2026. According to the learned counsel for the petitioner, an interlocutory application seeking an interim order has also been filed along with the statutory appeal. However, the petitioner has not produced any acknowledgment from the Government regarding the receipt of the appeal.

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3. Be that as it may, this Court is of the considered view that filing a writ of mandamus to dispose of the appeal, at all circumstances cannot be granted by the High Court. Several appeals may be pending before the Government for disposal. Any preference in disposing of the appeal for a person, who is filing a writ petition, would cause prejudice to the other persons, who all are waiting for the disposal of their respective appeals by the Government. Appeals filed by aggrieved persons are to be registered and to be disposed of in a systematic manner and in the order of seniority. If any preference is required on certain grounds, the authorities has to consider such appeal and dispose of the same. It is the discretion vest with the Government. However, all appeals are to be decided systematically and without causing any undue delay.

4. High Court routinely issuing a direction to dispose of the appeal, would cause prejudice to the authorities to perform their work in a systematic manner. The competent authority has to regulate the works on their board and considering all these mitigating factors, this Court is not inclined to fix any time limit to dispose of the appeal. If statute prescribe time limit for disposal of appeal, that also to be taken into consideration by the competent authority while dealing with the appeals. As far as possible, all such appeals filed under Section 80 – A of the Act are to be disposed of within the timeline as contemplated under the Act. Unreasonable delay in disposing of the appeal to be avoided.

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5. In view of the above position, the appeal filed before the second respondent is directed to be transferred to the file of the Principal Secretary to Government Municipal Administration and Water Supply Department, Secretariat, Fort St. George, Chennai 600009. The said authority is suo motu added as a respondent in the present writ proceedings who shall deal with the appeal and dispose of the same as expeditiously as possible. The Registry is directed to forward this order to the newly impleaded respondent. Writ Petition stands disposed of. No costs. Connected miscellaneous petition is closed. (S.M.S.,J.) (R.R.V.,J.) 08-10-2026 Index: Yes Speaking order Neutral Citation: Yes/No mp

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To

1. The Block Development Officer, BDO Office, Thalavadi Panchayat, Erode District -638 461.

2. The Secretary to Government, Rural Development of Panchayat Raj Department, Secretariat, Chennai -600 009.

3. The Director, The Directorate of Town and Country Planning, 2nd,3rd and 4th Floor, C and E Market Road, Koyambedu, Chennai -600 107.

4. The Principal Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Fort St. George, Chennai 600009.

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S.M.SUBRAMANIAM J. AND R.RAJESH VIVEKANANTHAN J. mp WP No. 40481 of 2026 08-10-2026