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2026 Supreme(Online)(Ker) 32399

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.Kunhikrishnan, J
Arifa Methiyil – Appellant
Versus
State Of Kerala – Respondent
WP(C) NO. 46384 OF 2024



Advocates:
For the Appellants/Petitioners: P.T.Sheejish
For the Respondents: Manoj Ramaswamy

When a writ petition's grievances are resolved through compliance with administrative orders during the pendency of the litigation, the petition becomes infructuous and is liable to be closed.

Headnote:The case involves a petition seeking a writ of mandamus to compel local authorities to enforce an order regarding the demolition of an unauthorized wall obstructing a public pathway. The petitioner sought the implementation of administrative directions previously issued by the local governing body. Following the submission of the parties, the court observed that the primary relief sought—the implementation of the provisional order and the removal of the obstruction—had already been accomplished, as the wall in question was demolished. Consequently, the court held that the writ petition had become infructuous due to the intervening development. The writ petition is closed, with the liberty for the petitioner to pursue fresh legal action should a new cause of action arise.

Table of Content
1. petitioners seek immediate enforcement of administrative orders regarding unauthorized structures. (Para 1)
2. petitions become infructuous upon compliance with the sought reliefs. (Para 2)

JUDGMENT

This Writ Petition (C) is filed seeking the following reliefs:

" (i) To issue a writ of mandamus or any other writ or direction compelling and commanding the respondents 3 and 4 to act upon the Exhibit P3 and P7 issued by the fourth respondent, by demolishing the illegal construction of wall, by hindering the pathway of the petitioner, as expeditiously as possible, to secure the ends of justice.

(ii) To issue a writ of mandamus or any other writ or direction compelling and commanding the respondents 3 and 4 to ensure that the 5th respondent shall not be allowed to hinder the peaceful, ingress and egress, through the joint pathway property, which have now turned into part of public road, in the interest of justice.

(iii) To dispense with the production of the translation of vernacular documents that is submitted in this Writ Petition.

(iv) Such other relief’s as this Hon’ble Court deems fit to grant in the nature of this case."

[SIC]

2. The main prayer in this writ petition is to implement Ext.P7 order, which is admittedly a provisional order passed by the Panchayat. Now, it is submitted that a consequential order has been passed, and the wall has also been demolished. If that is the case, the prayers in this writ petition are infructuous.

In the light of the above facts, this writ petition is closed. If there is any fresh cause of action to the petitioner, the same is left open.

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