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2026 Supreme(Online)(Mad) 19754

IN THE HIGH COURT OF JUDICATURE AT MADRAS
HEMANT CHANDANGOUDAR, J
S.R.Chandran – Appellant
Versus
The District Collector, Tenkasi District – Respondent
WMP.(MD) No.7923 of 2022



Advocates:
For the Appellant: Mr.T.Prabakaran
For the Respondents: Mr.SS.Madhavan, Mr.A.Sekar

A writ petition becomes infructuous when the subject matter is no longer viable due to subsequent developments.

Headnote:The petitioner challenged an order that rejected his request for an adjustment of the lease period due to COVID-19 restrictions affecting parking fee collection (Order dated 31.12.2021). The court found that the petitioner's lease had expired and the lease for the subsequent period was granted to another, making the petition infructuous. The main issue was whether the petitioner was entitled to an extension of the lease period. The court determined no effective relief could be provided. The Writ Petition was dismissed as infructuous.

Table of Content
1. petitioner's claim based on covid-19 restrictions. (Para 1 , 2 , 3 , 4)
2. respondent's argument on expired lease. (Para 5)
3. court's analysis on infructuous petition. (Para 6 , 7)
4. final dismissal of the writ petition. (Para 8)

ORDER

The petitioner has filed the present writ petition challenging the order dated 31.12.2021 issued by the third respondent.

2. By the said order, the request made by the petitioner seeking adjustment of the COVID-19 period, during which he was unable to collect parking fees for the lease period 2021–2022, came to be rejected.

3. The case of the petitioner is that he was the successful bidder and was granted the right to collect parking fees for the period 2021– 2022. According to the petitioner, due to the outbreak of the COVID-19 pandemic and the consequent restrictions imposed by the authorities, public movement was severely curtailed and commercial activities were largely affected. As a result, the petitioner was unable to effectively operate the parking facility and collect the parking fees as contemplated under the terms of the lease, thereby causing substantial financial loss to him. In view of the same, the petitioner submitted a representation to the respondents requesting that the period during which the COVID-19 restrictions were in force be adjusted by extending the lease period so as to enable him to recover the loss suffered.

4. The said request, however, came to be rejected by the third respondent through the impugned order dated 31.12.2021. Aggrieved by the rejection of his request, the petitioner has approached this Court by way of the present writ petition.

5. The learned counsel appearing for the respondents submitted that the lease period for which the petitioner was granted the right to collect parking fees has already expired. It was further submitted that for the subsequent period, namely for the year 2022–2023 and thereafter, the respondents have already granted the lease in favour of another successful bidder. In view of the subsequent developments, the learned counsel submitted that the relief sought for by the petitioner for extension of the lease period would no longer survive for consideration.

6. This Court has considered the submissions made on either side and perused the materials placed on record.

7. In view of the fact that the lease period granted to the petitioner has already come to an end and the lease for the subsequent period has been granted to another successful bidder, no effective relief can be granted to the petitioner at this stage. Therefore, the cause raised in the present writ petition has become infructuous.

8. Accordingly, the Writ Petition stands dismissed as infructuous. No costs. Consequently, the connected Miscellaneous Petition is closed.

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