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2026 Supreme(Online)(Mad) 49321

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. Dhandapani, J
Velachery Sridevi – Appellant
Versus
Commissioner, Corporation of Chennai – Respondent
W.P.No.5086 of 2009



Advocates:
For the Appellants/Petitioners: B.Gopinath
For the Respondents: Aswini Devi

A writ petition that has remained pending for an exceptionally long period (17 years) without further prosecution may be dismissed as infructuous when no active cause of action survives for adjudication.

Headnote:The petitioner filed this writ petition under Article 226 of the Constitution of India seeking an order to restrain the respondents from erecting a cell phone tower at a residential location. The court observed that the petition was originally filed in 2009 and, after a period of 17 years, the circumstances had changed such that no cause of action remained to be adjudicated. The issue before the court was whether the relief sought in a long-pending writ petition remains viable after a significant lapse of time. The court determined that as the matter had become devoid of substance due to the passage of time, it was no longer fit for adjudication, following the principle of judicial economy. The writ petition is dismissed as infructuous.

Table of Content
1. dismissal of long-pending litigation due to loss of relevance over time. (Para 1 , 2 , 3 , 4)

O R D E R

The matter is today listed under the caption ‘EB not available cases’.

2.This writ petition has been filed praying to forbear the respondents from erecting the cell phone tower at Sri Devi Karumariamman Nagar Extension, Velachery, Chennai – 42.

3.The writ petition is of the year 2009 and after a lapse of 17 years, nothing would survive for adjudication in this writ petition.

4.The writ petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition/s, if any, is/are closed.

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