A.Mohammed Ismail Vs the Assistant Director — Writ and Judicial Review | Madras HC (2026)

A.Mohammed Ismail Vs the Assistant Director — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the first respondent should be directed to conduct an enquiry and pass suitable orders on the petitioner's representation dated 16.06.2025 regarding allegedly forged documents relied upon by the 2nd respondent. +1 more

Court's answer

The writ petition is dismissed with no costs.

Ratio / Principle

The 2nd respondent, being a statutory authority under the Town and Country Planning Act, has no jurisdiction to adjudicate upon or grant any declaration as to whether the documents relied upon are forged or genuine.

Key takeaways

It is for the petitioner to establish before the jurisdictional civil court that the documents relied upon by the 2nd respondent are forged.ratio¶22
Once the petitioner obtains a declaration from the jurisdictional Civil Court that the documents are forged, it is open to him to produce it before the 1st respondent and obtain appropriate orders in accordance with law.ratio¶22

Detailed headnote1 paragraphs

Writ Petition under Article 226 of the Constitution of India (Madras High Court, V. Lakshminarayanan, J.) - The petitioner sought a direction to the first respondent, the Assistant Director, District Town and Country Planning, Kallakurichi, to conduct an enquiry and pass orders on his representation dated 16.06.2025 and proceedings vide Na.Ka. No.580/2025/kama2 dated 08.09.2025, his plea being that documents relied upon by the second respondent were forged. Held: the second respondent, being a statutory authority under the Town and Country Planning Act, has no jurisdiction to adjudicate upon or grant any declaration as to whether documents are forged or genuine; the petitioner must establish forgery before the jurisdictional civil court, where O.S. No. 55 of 2024 filed by the second respondent is pending before the Principal District and Sessions Judge, Kallakurichi; upon obtaining such a declaration he may produce it before the first respondent and obtain appropriate orders in accordance with law. Writ petition dismissed. No costs.

WP No. 49315 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-01-2026

CORAM

THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN

WP No. 49315 of 2025

A.Mohammed Ismail

..Petitioner(s)

Vs

The Assistant Director District Town And Country Planning KAV Complex, Near A.K.T. School, Neelamangalam, Kallakurichi -606 202.

2. P. Nallathambi

..Respondent(s)

Prayer: This petition has been filed under Article 226 of the Constitution of India, directing the first respondent to conduct enquiry and pass suitable orders in pursuance to the petitioner’s representation dated 16.06.2025 and the proceedings vide Na.Ka. No.580/2025/kama2 dated 08.09.2025 on the file of the first respondent within a time frame to be fixed by this Hon’ble Court

For Petitioner(s) : Mr. C.Munusamy For Respondent(s) : Mr. M.Shajahan

O R D E R

There is a suit pending initiated by the 2^nd respondent in O.S. No. 55 of

2024 on the file of the Principal District and Sessions Judge, Kallakurichi.

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WP No. 49315 of 2025

The plea of the petitioner is that the documents relied upon by the 2^nd

respondent are forged. The 2^nd respondent, being a Statutory Authority under the Town and Country Planning Act, has no jurisdiction to adjudicate upon or to grant any declaration as to whether such documents are forged or genuine. It is for the petitioner to establish that the documents relied by the 2^nd respondent are forged, on the basis of which the respondents claim to have acted, before the jurisdictional civil court. Once he gets such a declaration from the jurisdictional Civil Court, it is open to him to produce the same before the 1^st respondent and get appropriate orders in accordance with law.

With the above observation, this writ petition is dismissed. No costs.

09-01-2026

Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

Maya

To

The Assistant Director District Town And Country Planning KAV Complex, Near A.K.T. School, Neelamangalam, Kallakurichi -606 202.

The Principal District and Sessions Judge, Kallakurichi.

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WP No. 49315 of 2025

V.LAKSHMINARAYANAN, J.

Maya

WP No. 49315 of 2025

Dated : 09-01-2026

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