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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, C.KUMARAPPAN, JJ.
The Government of Tamil Nadu – Appellant
Versus
V.Kandasamy - Respondent
Writ Appeal No.2303 of 2021 And C.M.P.No.14636 of 2021
Decided on : 12-06-2024
Writ Appeal - Cause Lapse Due to Death - The court addressed the lapse of a legal cause due to the death of a party involved in the case, leading to the closure of the Writ Appeal without costs.
Fact of the Case:
The Writ Appeal was filed to challenge an order from W.P.No.15210 of 2008 dated 13.01.2020. The respondent's counsel indicated that the cause had lapsed due to the death of a party.
Finding of the Court:
The court acknowledged the submission regarding the death of the party and the memo filed to that effect, leading to the conclusion that the Writ Appeal could not proceed.
Issues: Whether the Writ Appeal could continue in light of the death of a party involved in the case.
Ratio Decidendi: The court determined that the legal cause had lapsed due to the death of a party, which necessitated the closure of the appeal.
Result: The Writ Appeal was closed without costs.
JUDGMENT:
(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)
Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order passed in W.P.No.15210 of 2008 dated 13.01.2020.
Mr.K.Venkatramani learned Senior Counsel for Mr.M.Muthappan, appearing on behalf of the respondent would submit that the cause lapsed, on account of the death of the party and a memo has been filed to that effect.
2. In view of the above submission and memo filed, this Writ Appeal stands closed. No costs.
A legal cause lapses upon the death of a party, resulting in the closure of related proceedings.
A writ appeal can be dismissed as infructuous if the parties indicate that the matter is no longer in contention.
A recorded compromise between disputing parties can effectively resolve the matter, eliminating the need for further judicial intervention.
Writ appeals can be dismissed as infructuous when the underlying cause of action has ceased to exist.
A writ appeal can be dismissed for non-prosecution if the appellant fails to appear and show interest in pursuing the case.
A compromise agreement between parties can conclusively resolve a dispute, negating the necessity for further court intervention.
Active participation in legal proceedings is essential, and failure to appear can lead to dismissal of appeals.
A Writ Appeal can be dismissed if the appellant indicates through counsel that it is not being pursued.
A writ appeal can be dismissed for non-prosecution if the appellant fails to appear and show interest in the proceedings.
A legal action becomes infructuous when the underlying cause for the action ceases to exist, warranting dismissal of the appeal.
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