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2026 Supreme(Online)(Mad) 89562
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M. Dhandapani, N. Dilip Kumar, JJ
Pandiyan – Appellant
Versus
Commissioner, Municipal Administration, Chennai-5 – Respondent
W.P(MD)No.463 of 2019|WMP (MD) No.411 of 2019
For the Appellants/Petitioners: R.M. Sivakumar
For the Respondents: G. Mohan Kumar, AN. Ramanathan
A writ petition is rendered infructuous and liable for dismissal when the respondent authority abandons the specific proposal or action that was the subject of the petitioner's prayer for relief.
Headnote:(Writ Jurisdiction - Mandamus - Construction in Public Park - Proposal dropped by authority - Petition becomes infructuous) - Where the respondent authority drops the proposal for construction of a micro composite centre in a children's park, the prayer sought in the writ petition becomes infructuous and the petition is liable to be dismissed. (Para 2, 3)
Issues: Whether the writ petition survives after the respondent dropped the proposal for construction.
PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, forbearing the 4th respondent from constructing a building or Segregation Centre or Micro Composite Centre in the childrens park situated in Town Survey Nos.85/5 and 85/7 in ward number of 22of Kulithalai Municipality of Karur District.
For Petitioner : Mr. R.M.Sivakumar
For Respondents : Mr.G.Mohan Kumar (R1 to R3)
Additional Government Pleader : Mr.AN.Ramanathan (R4)
O R D E R
(Order of the Court was made by M.DHANDAPANI, J.)
This Writ Petition has been filed for issuance of a Writ of Mandamus, forbearing the fourth respondent from constructing a building or Segregation Centre or Micro Composite Centre in the childrens park situated in Town Survey Nos.85/5 and 85/7 in ward number of 22 of Kulithalai Municipality of Karur District.
2. Today, when the matter was taken up for hearing, the learned counsel appearing for the fourth respondent would submit that, pursuant to the subsequent developments, the prayer sought for in the present writ petition has become infructuous, since the fourth respondent has dropped the proposal for construction of a micro composite centre in the Children's Park situated in Town Survey No.85/5 and 85/7, Ward No.22, Kulithalai Municipality, Karur District.
Hence, nothing survives for further adjudication in the present writ petition.
3. Recording the submission made by the learned counsel appearing for the fourth respondent, this writ petition is dismissed as infructuous. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
