LegalFighter (test) 08 July 2026

Seeking second opinion: writ closed on counsel's submission without client's instructions

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.

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Quick Summary

This discussion explores a situation where a writ petition concerning residential plots was closed by the court based on the counsel's submission to approach the civil court, without the client's explicit instruction. The core concerns revolve around whether the advocate acted appropriately, the legality of the court's order, and the best legal recourse, such as a writ appeal or a declaration suit.

7 Replies

P. Venu (Advocate) 08 July 2026

Your uncle can seek review or file a Writ Appeal. However, the Court may not interfere unless the counsel's submission had been legally flawed.

In the normal course, the WP and the declaration suit cannot be pursued simultaneously.

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T. Kalaiselvan, Advocate (Advocate) 09 July 2026

In the course of argument in the writ petition the court might have found that the writ has been filed with technical flaws rendering it not maintainable, hence the court would have asked the counsel to either withdraw the same by granting liberty to file a suit accordingly before the appropriate court below or the high court will be constrained to dismiss the same.

You may ask your counsel as to what transpired in the court on the date of hearing the writ petition and proceed.

What is your uncle's opinion about it?

In any case the writ appeal may not be maintainable therefore as advised you may ask your uncle to pursue the suit for declaration as advised by high court

1 Like

Dr. J C Vashista (Advocate ) 09 July 2026

& 2. Seek clarification from your uncle/ petitioner, his counsel cannot submit anything without authorisation

3. Yes, Hon'ble Single Judge is proper/correct/ right.

4. Writ is totally different from an appeal, it (writ) cannot substitute appeal.

It would be appropriate to consult some other local prudent lawyer with relevant case file to form proper opinion and advise.

1 Like

LegalFighter (test) 09 July 2026

Dear Sir,

My High Court advocate said that since our request was to take possession of our land, the judge has taken this view. Approaching the lower court was not part of our request.

After spending nearly eight years pursuing this writ petition in the High Court, my uncle became frustrated because nothing happened to the person who illegally took our property, and we still did not get our land back.

T. Kalaiselvan, Advocate (Advocate) 09 July 2026

The high court might have felt that the relief sought may not be within the ambit of writ jurisdiction.

As High court suggested to approach the lower court, you can approach the same instead of wasting your time in trying to find solution through writ appeal.

1 Like

Shashi Dhara 10 July 2026

First they should have approached civil court, not high court.

john smith 14 July 2026

The advocate likely acted without proper instructions, which is questionable; while the court’s order is procedurally valid, your uncle can consider a writ appeal, though filing a civil suit may be the more practical option.