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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
ABDUL QUDDHOSE, J.
M. Sarasu - Petitioner
Versus
The District Collector, Dindigul District & Ors. - Respondents
W.P.(MD) No. 5229 of 2017
Decided On : 06-08-2024
WITHDRAWAL - WRIT PETITION - The court dismissed the writ petition as withdrawn based on the petitioner's counsel's endorsement, indicating no further legal action was pursued regarding the request to correct the date of birth in the service register.
Fact of the Case:
The petitioner filed a writ petition under Article 226 of the Constitution of India seeking to quash an order and to direct the respondents to correct her date of birth in her service register to match her school records.
Finding of the Court:
The court noted the endorsement by the petitioner's counsel seeking permission to withdraw the writ petition, leading to the dismissal of the case without further proceedings.
Issues: Whether the court should proceed with the writ petition or dismiss it based on the petitioner's request for withdrawal.
Ratio Decidendi: The court's decision to dismiss the writ petition was based on the principle that a petitioner has the right to withdraw their petition at any stage of the proceedings.
Result: The writ petition was dismissed as withdrawn, with no order as to costs.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 Certiorarified Mandamus, calling for the records of the proceedings in Na.Ka.No.783/2015/
1 dated 07.12.2015 on the file of the second respondent and quash the same as illegal, arbitrary and without jurisdiction and further direct the respondents to enter the date of birth of the petitioner as 01.04.1966 as per her school records, in her service register.]
Learned Counsel for the petitioner seeks permission of this Court to withdraw this writ petition. He has also made an endorsement to that effect in the Court bundle.
2. In view of the endorsement made by the learned Counsel for the petitioner, this Writ Petition is dismissed as withdrawn. There shall be no order as to costs.
A petitioner has the right to withdraw a writ petition at any stage, and the court will dismiss it accordingly without imposing 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A writ petition under Article 226 can be withdrawn if the circumstances surrounding the case change, making the petition moot.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 request for alteration of date of birth in service records must be made within five years of appointment, and the absence of timely application and supporting evidence renders such requests invalid....
A writ petition can be rendered moot if the relief sought is subsequently granted through administrative action.
Legal proceedings must address current and relevant issues; if an issue becomes moot, the court will dismiss the case.
A petitioner has the right to withdraw a writ petition when circumstances change, such as the revocation of a suspension.
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