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HIGH COURT OF MEGHALAYA AT SHILLONG
H.S. Thangkhiew, J.
Hunmon Rangad - Appellant
Versus
State of Meghalaya & Ors. - Respondents
WP(C) No. 235 of 2021
Decided On : 21-10-2021
Disposed - Writ Application - The court closed and disposed of the matter as the petitioner had expired.
Fact of the Case:
The petitioner in the writ application had expired.
Finding of the Court:
The court closed and disposed of the matter.
Issues:
Ratio Decidendi:
Final Decision: The matter stands closed and disposed of.
JUDGMENT
1. Ms. S. Nongsiej, learned counsel for the petitioner submits that the petitioner in the instant writ application has expired.
2. Accordingly, the matter stands closed and disposed of.
N/A
A writ petition abates upon the death of the petitioner, nullifying further proceedings.
A judicial proceeding may be closed by the court upon the death of the sole petitioner and a subsequent request by counsel for closure.
Rights to sue do not survive post-mortem, leading to dismissal of writ petition as infructuous.
A writ petition is rendered infructuous and is liable to be closed upon the death of the sole petitioner when counsel confirms that the petitioner has passed away.
When a petitioner explicitly states that the cause of action in a writ petition no longer survives, the court shall close the proceedings as infructuous.
A legal matter may be dismissed as moot if the underlying issue is no longer operative.
A writ petition may be closed when the underlying controversy between the parties has been resolved, rendering the petition infructuous.
A writ petition is deemed infructuous when the underlying issue has expired or is no longer viable, leading to dismissal.
The court acknowledges the petitioner's death, leading to the closure of the writ petition, indicating the significance of personal status in legal proceedings.
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