The application of the Code of Civil Procedure cannot directly impact writ petitions filed under Article 226 of the Constitution of India, and the Constitutional Courts need to balance constitutional obligations and public interest when dealing with such writ petitions.

The cases were listed for hearing on 27th September 2018 at the instance of the learned counsel appearing on behalf of the Writ Petitioners. The matter was adjourned to 28.09.2018. On 28.09.2018, the learned Special Government Pleader requested for an adjournment, in view of the fact that the learned Advocate General has to make his submissions. At that point of time, the learned counsel appearing on behalf of the Writ Petitioners on record Mr. V. Arun, made a submission that the Writ Petitioners are willing to withdraw the Writ Petition and accordingly made an endorsement to that effect. However, in order to hear the learned Advocate General the cases are listed for hearing on 1st October 2018.

2. Today when the matters are taken up for hearing, the learned Advocate General informed this Court that subsequent to the orders of this Court dated 03.08.2018, in MP.Nos.2, 3 of 2015 and WMP.No.23263 of 2018 and MP.No.2 of 2014 in WP.Nos.7049 of 2015 and 25445 of 2014, the Hon'ble Mr. Justice R. Regupathy demitted his office on 24.08.2018. Accordingly, the Government passed an order accepting the demittance of office by Hon'ble Mr. Justice R. Regupathy. Thereafter, the respondent State received all the papers from the Office of the Commission of Inquiry and had taken the decision and accordingly sent all the papers and files to the Department of Vigilance and Anti-Corruption for forming an opinion and for initiation of all further actions.

3. In this regard the Government passed an order granting permission to the Department of Vigilance and Anti-Corruption to conduct an enquiry vide order dated 28.09.2018. Pursuant to the orders of the Government, the Department of Vigilance and Anti-Corruption is in the process of scrutinizing the documents, papers and files and after coming to a conclusion, all further actions will be initiated.

4. The learned Senior Counsel appearing on behalf of the Writ Petitioners made a submission that after the orders passed by this Court on 3rd August 2018, the Commission is not in existence as Hon'ble Mr. Justice R. Regupathy demitted his Office. Thus, the cause aroused for filing of these Writ Petitions became vanished. Thus, the cases became infructuous and no further adjudication is required. The learned counsel on record also made an endorsement that the petitioners are withdrawing the Writ Petitions. The learned Senior Counsel for the Writ Petitioners states that, while accepting the withdrawal, no further order needs to be passed in view of the principles laid down by the Hon'ble Supreme Court of India reported in Anil Kumar Singh vs. Vijay Pal Singh and Others [2018 12 SCC 584].

5. This Court is of an opinion that the order of the Hon'ble Supreme Court of India relates to the withdrawal of suit or abandonment of part of claim under the provisions of Code of Civil Procedure. Thus, the same cannot have any implication in respect of withdrawal of writ petitions filed under Article 226 of Constitution of India.

6. Application of Code of Civil Procedure adopted in the case cited supra cannot have any direct impact in respect of writ petitions, wherein, the constitutional obligations mandates and the public interest are to be balanced by the Constitutional Courts, while dealing with these Writ petitions.

7. The writ petitions were filed challenging the appointment of Commission of Enquiry under the Commission of Inquiry Act. The learned Advocate General made a submission that the order passed by this Court dated 03.08.2018 in MP.Nos.2, 3 of 2015 and WMP.No.23263 of 2018 and MP.No.2 of 2014 in WP.Nos.7049 of 2015 and 25445 of 2014 was implemented by the State in entirety. Thus, the State has no objection in respect of withdrawal of the Writ petitions by the writ petitioners.

8. However, this Court would like to state that article 39(c) of Constitution of India enumerates “that the operation of the economic system does not result in the concentration of wealth and means of production to the common detrimen