A writ petition seeking a writ of mandamus is not maintainable if the prayer has already been rejected by the respondent and the petitioner has not challenged the rejection.

1. The prayer in this writ petition is as follows:-

“In the above circumstances, it is prayed that this Hon'ble Court may be pleased to issue an order or orders or direction or writs in the nature of WRIT OF MANDAMUS directing the 1st respondent to take necessary action against the 2nd respondent company for non settlement of death claim of my brother, namely Saravanakumar, vide the representation, dated 13.02.2010 and pass such further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice.

2. The second respondent filed a counter affidavit and in which, it is specifically stated that the prayer made by the petitioner in this writ petition was already rejected by the second respondent, through the proceedings, dated 24.11.2009 and without challenging the same, the present writ petition filed by the petitioner is not maintainable.

3. The petitioner has also referred in the affidavit filed in support of the writ petition about the order passed by the second respondent. If that be the admitted position, I am unable to understand as to how the present writ petition seeking for the relief of mandamus is maintainable.

4. Therefore, by giving liberty to the petitioner to challenge the said order of the second respondent, dated 24.11.2009, the writ petition is dismissed. No costs.