JUDGMENT :—Leave granted. Heard.

2. The appellant was Advocate General of the State of Tamil Nadu. Writ Petition No. 4167 of 1994 and Writ Miscellaneous Petition No. 9612 of 1994 were filed by one Ponnusami, Respondent No. 1 herein challenging his appointment as Advocate General. In that writ petition, a preliminary objection was raised to the maintainability of the writ petition. Prior to the impugned order dated 19-4-1994 (reported in AIR 1995 Madras 78) made by Justice Kanakaraj of the Madras High Court holding that the writ petition was maintainable, earlier the same morning at 8-30 a.m. the appellant (Respondent No. 2 in the writ petition) tendered his resignation from the office of Advocate General. However, the intimation of this fact was not given to the High Court before the impugned order was pronounced that day. It is common ground before us that the said writ petition has now become infructuous on account of the fact that the appellant has resigned the office of Advocate General. The surviving grievance of the appellant is against certain observations made at the end of the impugned order dated 19-4-1994 by Kanakaraj, J. which cast some aspersion on the appellant.

3. The