Dear Experts
I would appreciate your independent opinion on a writ matter.
My uncle purchased three residential plots (1,500 sq. ft. each) in a DTCP-approved layout in Hosur in 2016. Subsequently, the promoter allegedly redesigned the layout and included our plots in the revised layout, depriving my uncle of the plots he had purchased.
A writ petition was filed before the Madras High Court in 2018, seeking a writ of certiorari to quash the revised layout approval granted by HNTDA. The matter remained pending for several years. On 22 June 2026, the learned Single Judge did not decide the matter on merits. Instead, the order records that the petitioners' counsel sought liberty to approach the competent civil court, and the writ petition was accordingly closed with such liberty.
My concerns are:
1. My uncle never instructed the High Court advocate to seek liberty to approach the civil court, nor was he consulted before this submission was made.
2. Was it appropriate for the advocate to make such a submission without consulting the client?
3. Does the Single Judge's order appear legally proper in these circumstances?
4. Would a writ appeal before the Division Bench have reasonable prospects, or is proceeding with a declaration suit the better course?
5. Can a declaration suit and a writ appeal be pursued simultaneously without prejudicing either remedy?
I would be grateful for your independent opinion on the best legal strategy.
