Back
2024 Supreme(Mad) 1341
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
ABDUL QUDDHOSE, J.
V. Arul Prakasam – Petitioner
Versus
The District Collector, Ramanathapuram – Respondent
W.P. (MD) No. 11063 of 2017
Decided On : 08-08-2024
Important Points
A writ petition becomes infructuous when the circumstances that necessitated the petition no longer exist, such as the retirement of the respondent.
Subject
Administrative Law - Writ Jurisdiction
Act Referred
Headnote
Writ Petition - Mandamus - The court dismissed the writ petition as infructuous since the third respondent had retired from service, indicating that the legal remedy sought was no longer applicable or necessary.
Fact of the Case:
The petitioner filed a writ petition under Article 226 of the Constitution of India seeking a Writ of Mandamus to direct an enquiry into the production of a bogus certificate by the third respondent and to initiate legal proceedings against them for illegal appointment.
Finding of the Court:
The court noted the petitioner's counsel's submission that the relief sought had become infructuous due to the retirement of the third respondent, leading to the dismissal of the petition.
Issues: Whether the writ petition seeking a mandamus for enquiry and legal proceedings against the third respondent was maintainable after the respondent's retirement.
Ratio Decidendi: The court concluded that since the third respondent had retired, the petitioner's request for an enquiry and legal action was no longer relevant, rendering the petition infructuous.
Result: The writ petition was dismissed as infructuous, with no order as to costs.
Advocate Appeared:
For the Petitioner: V.R. Venkatesan.
For the Respondents: S. Kameswaran, T. Sakthikumaran.
ORDER :
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents and 2 to conduct an enquiry regarding the production of bogus certificate by the third respondent based on the petitioner's representation dated 01.09.2016 and initiate an appropriate legal proceedings against the third respondent who got an appointment illegally.
1. The learned Counsel for the petitioner submits that the relief sought for in this Writ Petition has now become infructuous since the third respondent has retired from service. He has also made an endorsement to that effect in the Court bundle.
2. Recording the said submission, this Writ Petition is dismissed as infructuous. There shall be no order as to costs.
