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2024 Supreme(Mad) 1336
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
Important Points
A writ petition under Article 226 can be withdrawn if the circumstances surrounding the case change, making the petition moot.
Subject
Administrative Law - Writ Jurisdiction
Act Referred
Headnote
Writ Petition - Mandamus - The court dismissed the writ petition as withdrawn based on the petitioner's counsel's request, noting the superannuation of the third respondent, which rendered the petition moot.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Issues: Whether the writ petition should be dismissed as withdrawn following the superannuation of the third respondent.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Result: The writ petition was dismissed as withdrawn, with no order as to costs.
Advocate Appeared:
For the Petitioners: S. Gokul Raj, G. Mohankumar.
For the Respondent: T. Amjad Khan.
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 Recording the submission made by the learned Counsel for the petitioner, this Writ Petition is dismissed as withdrawn.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.
