BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
ABDUL QUDDHOSE, J.
A. Kanthasamy – Petitioner
Versus
The Director of Elementary Education, Chennai – Respondent
W.P. (MD) No. 5058 of 2017
Decided On : 08-08-2024
Writ Petition - Mandamus - The court dismissed the writ petition as withdrawn based on the petitioner's counsel's request, noting the superannuation of the third respondent, which rendered the petition moot. The court emphasized the importance of timely responses to representations made under Article 226 of the Constitution of India.
Fact of the Case:
The petitioner filed a writ petition under Article 226 seeking a Writ of Mandamus for the first respondent to act on a representation made on 04.07.2016.
Finding of the Court:
The court noted the petitioner's counsel's request to withdraw the petition due to the superannuation of the third respondent, who had been re-designated as the fourth respondent.
Issues: Whether the writ petition should be dismissed as withdrawn following the superannuation of the third respondent.
Ratio Decidendi: The court concluded that the petition was rendered moot due to the change in circumstances, specifically the superannuation of the third respondent, and thus allowed the withdrawal.
Result: The writ petition was dismissed as withdrawn, with no order as to costs.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 first respondent to pass orders on the basis of the representation given by the petitioner dated 04.07.2016 within the time frame stipulated by this Hon'ble Court.
1. The learned Counsel for the petitioner seeks permission of this Court to withdraw this writ petition on the ground that subsequent to the filing of this writ petition, the then third respondent who has been impleaded as fourth respondent in this writ petition has now got superannuated. He has also made an endorsement to that effect in the Court bundle.
2. Recording the submission made by the learned Counsel for the petitioner, this Writ Petition is dismissed as withdrawn. There shall be no order as to costs.
A writ petition under Article 226 can be withdrawn if the circumstances surrounding the case change, making the petition moot.
A petitioner has the right to withdraw a writ petition under Article 226 of the Constitution of India, leading to its dismissal without further examination.
A petitioner has the right to withdraw a Writ Petition under Article 226, leading to its dismissal without costs.
The court has the discretion to grant permission for the withdrawal of a writ petition with liberty to approach the High Court.
A writ petition can be dismissed for non-prosecution if the petitioner fails to appear in court, demonstrating a lack of interest in the proceedings.
Petitioner allowed to withdraw writ petition with liberty to file a fresh petition.
Permission to withdraw a Writ Petition allows for filing a fresh petition under the same pleadings.
A petitioner has the right to withdraw a writ petition at any stage, and the court will dismiss it accordingly without imposing costs.
The court may grant permission to withdraw a writ petition at the discretion of the petitioner without adverse implications.
Legal proceedings must address current and relevant issues; if an issue becomes moot, the court will dismiss the case.
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