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2026 Supreme(Online)(Ker) 33656
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Anil K. Narendran, Muralee Krishna S., JJ
Jalal Muhammed – Appellant
Versus
Kerala State Wakf Board – Respondent
WP(C) NO. 13946 OF 2018
For the Appellants/Petitioners: G.Sudheer, N.P.Asha
For the Respondents: M.Abdul Samad, S.Nithin (Anchal), Jamsheed Hafiz, Nisha Bose
A writ petition may be dismissed as infructuous when the relief sought has lost its substratum or necessity due to subsequent developments as represented by the petitioners' counsel.
Headnote:The petitioners invoked the extraordinary jurisdiction under Art. 226 of the Constitution of India, seeking a writ of mandamus to compel an impartial election to the administrative committee of a registered religious trust, alleging necessity for intervention to prevent untoward incidents. The court observed that the proceedings were brought to ensure administrative oversight by the regulatory body. The primary issue before the court concerned the maintainability of the writ petition in light of subsequent developments and the request for relief regarding the election process. The court noted the submissions of counsel regarding the current status of the requested reliefs. The writ petition is dismissed as having become infructuous.
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| 1. dismissal of a writ petition where the relief sought has become redundant. (Para 1 , 2 , 4) |
Anil K. Narendran, J.
The petitioners have filed this writ petition, invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 and 2 to conduct an impartial election to the administrative committee of Beemapally Muslim Jama-ath, which is a Waqf registered under the Waqf Act, 1995; an order directing the 3rd respondent District Police Chief to see that no untoward incidents happen during the election to the administrative committee of Beemapally Muslim Jama-ath by respondents 1 and 2; stay all further proceedings taken by the 6th respondent Election Committee to conduct election to the administrative committee of Beemapally Muslim Jama-ath; and to appoint an Advocate Commissioner to conduct an impartial election to the administrative committee of Beemapally Muslim Jama-ath, if it is found necessary.
2. On 13.04.2018, when this writ petition came up for admission, it was admitted on file. The learned Standing Counsel for the Kerala State Waqf Board took notice for respondents 1 and 2 and the learned Government Pleader for the 3rd respondent. Notice by Special Messenger was ordered to respondents 4 to 6.
3. By the order dated 08.06.2018 in I.A.No.9752 of
2018, respondents 7 and 8 were impleaded as additional respondents, and urgent notice was ordered to the additional respondents.
4. Today, when this matter is taken up for consideration, the learned counsel for the petitioners would submit that the reliefs sought for in this writ petition have become infructuous and therefore the same may be dismissed as infructuous.
Based on the aforesaid submission made by the learned counsel for the petitioners, this writ petition is dismissed as infructuous.
