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2026 Supreme(Online)(Ker) 51775

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Ziyad Rahman A.A., J
ROY MATHEW – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 26149 OF 2016



Advocates:
For the Appellants/Petitioners: Babu Joseph Kuruvathazha
For the Respondents: Susmitha K.P

A writ petition seeking execution of a contract or quashing of an order becomes infructuous and is liable to be closed if the underlying government project proposal is officially dropped.

Headnote:(A) Writ Jurisdiction - Mandamus and Certiorari - Dropping of project proposal - Where the underlying project proposal for road construction is dropped by the competent authority, the prayer for execution of agreement or quashing of related orders becomes infructuous. (Para 2)

Issues: Whether the writ petition is maintainable when the project proposal has been dropped.

Table of Content
1. petitioner seeking certiorari and mandamus for execution of road work agreement. (Para 1)
2. petition closed as the underlying project proposal was dropped by the ministry. (Para 2)

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.08.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

This writ petition is submitted by the petitioner seeking the following reliefs:

“i. issue a writ of certiorari or any other appropriate writ, order or direction, quashing Ext.P10 order of the 5th respondent;

ii. issue a writ of mandamus or any other appropriate writ, order or direction commanding the 5th respondent to execute the agreement with the 6th respondent, as required under Clause 11 of Ext.P5 proceeding of the 4th respondent, forthwith, for enabling the petitioner to commence the execution of work involved in Ext.P1 agreement dated 26.3.2014, without further delay;

iii. issue such other writ, order or direction which may deem fit in the facts and circumstances of the case.”

2. Today, when the matter came up for consideration, the learned Government Pleader brought to the notice of this Court the communication bearing No.P-17024/29/2013- RC(E.328419) issued by the Ministry of Rural Development, Department of Rural Development, Rural Connectivity (RC) Division, addressed to the Principal Secretary to the Local Self Government & Port Department, Government of Kerala, on 29.12.2016. It is evident from the said communication that several proposals for the construction of the roads were dropped as per the same. The list of the said works include the work which is the subject matter of this writ petition as well. Therefore, as the proposal itself is dropped, no further orders are necessary.

Accordingly, this writ petition is closed, recording the above submission.

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