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2024 Supreme(Mad) 1721

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, C.KUMARAPPAN, JJ.
G.G.Boopathie – Appellant
Versus
The Secretary to Government, Education Department
Writ Appeal Nos.2372, 2379 & 2429 of 2021 and C.M.P.Nos.15151, 15180 & 15560 of 2021
Decided on : 12-06-2024

Advocates:
Advocate Appeared
For the Appellant : Ms.Gowri.N for Mr.G.Ilamurugu (in all W.A's)
For the Respondent:Mr.E.Sundaram, Government Advocate (in all W.A's)

IMPORTANT POINT
Writ appeals can be dismissed as infructuous when the underlying cause of action has ceased to exist.

Headnote:

INFRUCTUOUS - WRIT APPEALS - The court determined that the cause for the writ appeals had vanished, leading to their disposal as infructuous. The legal provision regarding the dismissal of appeals when the underlying issue is resolved or no longer exists was applied, influencing the court's decision to close the cases without costs.

Fact of the Case:

The appellants filed writ appeals to challenge orders from previous writ petitions, but the counsel for the appellants indicated that the cause had vanished.

Finding of the Court:

The court accepted the submission that the cause had vanished and concluded that the writ appeals were no longer relevant.

Issues: Whether the writ appeals should be dismissed as infructuous due to the vanishing of the underlying cause.

Ratio Decidendi: The court held that when the cause of action is no longer present, the appeals must be dismissed as infructuous, in accordance with legal principles governing the relevance of ongoing litigation.

Result: All writ appeals were disposed of as infructuous, and no costs were awarded.

JUDGMENT :

(Common Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)

Prayer in W.A.No.2372 of 2021:Writ Appeal filed under Clause 15 of Letters Patent to set aside the order passed in W.P.No.31870 of 2013 dated 04.07.2014.

Prayer in W.A.No.2379 of 2021:Writ Appeal filed under Clause 15 of Letters Patent to set aside the order passed in W.P.No.31868 of 2013 dated 03.07.2014.

Prayer in W.A.No.2429 of 2021:Writ Appeal filed under Clause 15 of Letters Patent to set aside the order passed in W.P.No.31872 of 2013 dated 03.07.2014.

Ms.N.Gowri, learned Counsel for Mr.G.Ilamurugu, appearing on behalf of the appellants would submit that the cause became vanished.

2. In view of the above submission, all the Writ Appeals stands disposed of as infructuous. No costs. Consequently, connected miscellaneous petitions are closed.

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