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2026 Supreme(Online)(Ker) 31043

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Anil K. Narendran, Muralee Krishna S., JJ
V. Hamza – Appellant
Versus
State of Kerala – Respondent
OP(KAT) NO. 164 OF 2026



Advocates:
For the Appellants/Petitioners: P. Sanjay, A. Parvathi Menon, Biju Meenattoor, Kiran Narayanan, Paul Varghese, Rahul Raj P., Muhammed Bilal V.A., Shahala Nargees M. K., Zeba Mujeeb, Meera R. Menon
For the Respondents: Princy Xavier

An original petition filed to seek interim relief from a tribunal becomes infructuous and is liable to be dismissed once the tribunal has already passed the necessary interim orders during the pendency of the petition.

Headnote:The case involves a challenge invoked under Article 227 of the Constitution of India before this Court due to the delay by the Tribunal in passing interim orders in an original application. The underlying dispute relates to a departmental order passed by the State. The Court noted that the relief sought became infructuous as the Tribunal had already adjudicated upon the interim applications during the pendency of the current proceedings. The main issue was whether the petitioner could maintain the original petition despite subsequent developments before the Tribunal. The ratio decidendi rests on the principle that once the primary relief sought in an original petition—specifically the request for an interim order—is granted or acted upon by the appropriate forum, the petition loses its cause of action and becomes infructuous. The original petition is dismissed as infructuous.

Table of Content
1. dismissal of petition due to matter becoming infructuous upon tribunal passing interim orders. (Para 1 , 2 , 3)

Anil K. Narendran, J.

The petitioner filed O.A.(EKM)No.1733 of 2025 before the Kerala Administrative Tribunal, Additional Bench at Ernakulam, seeking an order to set aside Annexure A14 order dated 16.10.2025 issued by the 1st respondent State and for other consequential reliefs. The petitioner-applicant has filed this original petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, since no orders were passed by the Tribunal in the interim relief sought for in the original application, seeking stay of all further proceedings pursuant to Annexure A14 order and also the similar reliefs sought for in the Miscellaneous Application filed in that original application.

2. On 19.05.2026, when this original petition came up for admission, after arguing for some time, the learned counsel for the petitioner sought adjournment. Thereafter, on 20.05.2026, an adjournment was again sought since O.A.(EKM)No.1733 of 2025 was listed before the Tribunal on 21.05.2026.

3. Today, when this original petition is taken up for consideration, the learned counsel for the petitioner would submit that the reliefs sought in this original petition have become infructuous, since the Tribunal has already passed orders on the interim relief sought for in O.A.(EKM)No.1733 of 2025, on

21.05.2026.

Based on the aforesaid submission made by the learned counsel for the petitioner, this original petition is dismissed as infructuous.

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