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2024 Supreme(Mad) 1103

IN THE HIGH COURT OF MADRAS, (MADURAI BENCH)
ABDUL QUDDHOSE, J.
S. Rousewelt Reeda - Petitioner
Versus
The Government of Tamil Nadu, Rep. by the Principal Secretary, Higher Education Department and Ors. - Respondents
W.P.(MD)No.9605 of 2017 and W.M.P.(MD)Nos.7336 of 2017 & 20582 of 2023
Decided On : 28-08-2024

Advocates Appeared:
For the Petitioner: Mr. R. Ponkarthikeyan.
For the Respondents:Mr. T. Amjad Khan, Government Advocate, Ms. Rooshi Mass for M/s. Isaac Chambers.

IMPORTANT POINT
A writ petition under Article 226 of the Constitution of India is rendered infructuous if the petitioner’s circumstances change such that the relief sought is no longer applicable.

Headnote:

INFRUCTUOUS - WRIT PETITION - The court dismissed the writ petition as infructuous since the petitioner was no longer employed at the school, indicating that the legal provision under Article 226 of the Constitution of India was not applicable due to the change in circumstances surrounding the case.

Fact of the Case:

The petitioner filed a writ petition under Article 226 of the Constitution of India seeking to quash an order from the sixth respondent school.

Finding of the Court:

The court found that the petitioner's request had become infructuous as the petitioner was no longer working at the school, thus rendering the case moot.

Issues: Whether the writ petition could proceed given that the petitioner was no longer employed by the sixth respondent school.

Ratio Decidendi: The court held that a writ petition under Article 226 is not maintainable if the underlying issue has become moot or infructuous due to changes in the petitioner's circumstances.

Result: The writ petition was dismissed as infructuous, with no order as to costs.

ORDER :

(Abdul Quddhose, J.) :

(Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorari, calling for the records pertaining to the impugned order passed by the sixth respondent in 10/C/2016-17, dated 28.04.2017 and quash the same.)

Learned Counsel for the petitioner submits that the prayer sought for in this Writ Petition has now become infructuous, in view of the fact that the petitioner is not working in the sixth respondent school.

2. Recording the same, this Writ Petition is dismissed as infructuous. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

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