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2024 Supreme(Mad) 1237
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
ABDUL QUDDHOSE, J.
R. Chandra Sekaran – Petitioner
Versus
The Chief Educational Officer, Thanjavur – Respondent
W.P. (MD) No. 18729 of 2018, W.M.P. (MD) No. 16578 of 2018
Decided On : 22-08-2024
Advocate Appeared:
For the Petitioner: G. Dinesh.
For the Respondents: T. Amjad Khan, Jerin Mathew.
IMPORTANT POINT
A writ petition must seek a remedy that is relevant and actionable at the time of judgment; otherwise, it may be dismissed as infructuous.
Headnote:
Writ Petition - Re-employment - The court dismissed the writ petition as infructuous since the period for re-employment sought by the petitioner had already elapsed, highlighting the principle that a writ petition must seek a remedy that is still relevant and actionable at the time of judgment.
Fact of the Case:
The petitioner filed a writ petition under Article 226 of the Constitution of India seeking a Writ of Mandamus for re-employment in a school for a specific period from 01.10.2018 to 31.05.2019 based on prior proposals and representations.
Finding of the Court:
The court found that the prayer for re-employment had become infructuous as the period in question had already passed, rendering the petition moot.
Issues: Whether the writ petition for re-employment was maintainable given that the requested period had already elapsed.
Ratio Decidendi: The court emphasized that a writ petition must address a current and actionable issue; if the period for the requested relief has expired, the petition cannot be sustained.
Result: The writ petition was dismissed as infructuous, with no order as to costs.
ORDER :
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents to re-employ the petitioner from 01.10.2018 to 31.05.2019 in the fourth respondent school namely Saraswathy Ambal Aided Primary School, Saraboji Rajapuram, Thanjavur-614210 with all salary, monetary and attendant benefits based upon the proposal submitted by the fourth respondent school dated 25.06.2018 and the petitioner's representation dated 18.07.2018 and 06.08.2018 and in the light of judgment passed by this Court in W.P. [MD] No. 13227 of 2011 dated 30.11.2011.
1. The prayer sought for in this Writ Petition has now become infructuous in view of the fact that the petitioner seeks for reemployment from 01.10.2018 to 31.05.2019, which period has already come to an end.
2. Accordingly, this Writ Petition stands dismissed as infructuous. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
