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2026 Supreme(Online)(Mad) 84653
MADURAI BENCH OF MADRAS HIGH COURT
M. Dhandapani, N. Dilip Kumar, JJ
R. Saravanakumar – Appellant
Versus
Executive Engineer, Public Works Department, Periyar - Vaigai Drainage Division, Madurai – Respondent
W.P.(MD)No.16406 of 2022 | W.M.P.(MD).Nos.11853 and 11854 of 2022
For the Appellants/Petitioners: R. Chandrasekar
For the Respondents: M. Mahaboob Athiff
A writ petition is dismissed as infructuous when the relief sought is no longer necessary or the cause of action ceases to exist due to the subsequent actions of the petitioners.
Headnote:(A) Writ Jurisdiction - Infructuous Petition - Removal of structure - Where the petitioners have removed the structure in question, the cause of action ceases to exist, rendering the writ petition infructuous. (Para 2)
Issues: Whether the writ petition survives after the petitioners removed the structure.
Prayer:This petition filed under Article 226 of the Constitution of India to issue a writ of Certiorari, calling for the records relating to the impugned order passed by the 1st respondent in his proceedings in letter No. Va.Pa/269M/Ko/14 (A)/2022 dated 27.06.2022 and quashing the same.
ORDER
(Order of the Court was made by
M.DHANDAPANI.J.)
When the matter was taken up for hearing, the learned counsel appearing for the petitioners would submit that the petitioners have removed the structure. Hence, nothing survives for further adjudication in this writ petition.
2. Accordingly, this writ petition stands dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are closed. Liberty is granted to the petitioners to file an appropriate petition seeking refund of the amount deposited by them.
