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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, C.KUMARAPPAN, JJ.
The Government of Puducherry – Appellant
Versus
Divya Mary Elias – Respondent
W.A.Nos.1955 & 1977 of 2021 and C.M.P.Nos.12636 & 12739 of 2021
Decided on : 10-06-2024
INFRUCTUOUS - WRIT APPEAL - The court determined that the cause for the writ appeals had ceased to exist, leading to the conclusion that the appeals were rendered infructuous and thus disposed of without costs.
Fact of the Case:
The appellants filed writ appeals against a common order dated 22.09.2020 in two separate writ petitions, seeking relief from the court.
Finding of the Court:
The court acknowledged the submission of the learned Additional Government Pleader that the cause for the appeals no longer existed, leading to the conclusion that the appeals were infructuous.
Issues: Whether the writ appeals should be allowed given that the cause for the appeals had ceased to exist.
Ratio Decidendi: The court held that when the underlying cause for a legal action is no longer present, the action itself becomes infructuous and should be disposed of accordingly.
Result: The writ appeals were disposed of as infructuous, and no costs were awarded.
Case Summary:
This case involves Writ Appeals Nos. 1955 and 1977 of 2021 filed by the Government of Puducherry (Appellants) against a common order dated 22.09.2020 passed in W.P. Nos. 9584 and 9079 of 2020. (!) (!) The appeals were heard by Justices S.M. Subramaniam and C. Kumarappan in the Madras High Court, with judgment delivered by S.M. Subramaniam, J. (!) The learned Additional Government Pleader submitted on behalf of the appellants that the cause for the appeals no longer existed. (!) Consequently, the court recorded the submission and disposed of the writ appeals as infructuous, with no costs awarded, and connected miscellaneous petitions closed. (!) (!)
JUDGMENT :
[Judgment was delivered by S.M.SUBRAMANIAM, J.]
Prayer in WA.No.1955/2021: Writ Appeal filed under Clause 15 of Letters Patent to allow the above writ appeal as against the common order dated 22.09.2020 passed in W.P.No.9584 of 2020 on the file of this Court.
Prayer in WA.No.1977/2021: Writ Appeal filed under Clause 15 of Letters Patent to allow the above writ appeal as against the common order dated 22.09.2020 passed in W.P.No.9079 of 2020 on the file of this Court.
The learned Additional Government Pleader appearing on behalf of the appellants would submit that the cause did not exist.
2. Recording the aforesaid submission made by the learned Additional Government Pleader, the Writ Appeals stand disposed of infructuous. No costs. Consequently, connected Miscellaneous Petitions are closed.
A legal action becomes infructuous when the underlying cause for the action ceases to exist, warranting dismissal of the appeal.
Writ appeals can be dismissed as infructuous when the underlying cause of action has ceased to exist.
A recorded compromise between disputing parties can effectively resolve the matter, eliminating the need for further judicial intervention.
A writ appeal can be dismissed for non-prosecution if the appellant fails to appear and show interest in pursuing the case.
A writ appeal can be dismissed as infructuous if the parties indicate that the matter is no longer in contention.
All petitioners must be included in a writ appeal challenging a common order to ensure maintainability.
Active participation in legal proceedings is essential, and failure to appear can lead to dismissal of appeals.
A compromise agreement between parties can conclusively resolve a dispute, negating the necessity for further court intervention.
A writ appeal can be dismissed for non-prosecution if the appellant fails to appear and show interest in the proceedings.
A writ appeal can be dismissed for non-prosecution if the appellants fail to appear and show interest in pursuing the case.
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