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2026 Supreme(Online)(Ker) 34829

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Sony Cheeku – Appellant
Versus
Director Of Panchayat – Respondent
W.P.(C) NO. 2930 OF 2021



Advocates:
For the Appellants/Petitioners: Jelson J. Edampadam
For the Respondents: K.P. Satheesan, P.Mohandas, K.Sudhinkumar, S.K.Adhithyan, Sabu Pullan, Gokul D. Sudhakaran, Syamanthak B.S.

A writ petition may be closed as infructuous when the primary relief becomes unattainable due to the superannuation of the respondent and the petitioner indicates an intention not to proceed with the matter.

Headnote:The proceedings concern a writ petition filed under Art. 226 of the Constitution of India seeking directions against a local government official for alleged fabrication of documents and false affidavits. Upon the matter coming up for hearing, it was informed that the respondent official had retired from service, rendering the primary relief infructuous. The central issue was whether the disciplinary and administrative actions sought by the petitioners remained viable following the superannuation of the respondent. The court observed that given the petitioners' admission that the retirement of the respondent made the primary relief unattainable and their stated intention not to pursue the petition further, the matter for adjudication no longer subsisted. In view of the submission made by the counsel for the petitioners that they intend to abandon the proceedings, the court ordered that the writ petition is closed.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12.06.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioners filed this writ petition under Article 226 of the Constitution of India, seeking the following reliefs;

i) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to take appropriate action against the 3rd respondent for filing Exhibit P1 false affidavit and falsely fabricating Exhibits P6 and P8 documents.

ii) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to consider and pass orders on Exhibit P10 complaint and to take lawful action, within a time limit to be fixed by this Hon’ble Court.

On 04.02.2021, this Court admitted the writ petition and notice by speed post was ordered to the respondent Nos. 2 and 3. The learned Government Pleader took notice for the 1st respondent.

Today, when this matter is taken up for consideration, the learned counsel for the petitioners submitted that the 3rd respondent has already retired from service and therefore the 1st relief sought for in the writ petition has become infructuous. The learned counsel further submitted that in view of the retirement of the 3rd respondent, the petitioners are not intending to proceed with the writ petition.

In view of the aforesaid submission made by the learned counsel for the petitioners, this writ petition is closed.

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