Madras HC Dismisses Plea To Retain Petitioner At Palaiyur Co-Op Society After Counsel Says Relief Has Become Infructuous

The deceased sole petitioner and, after his death, his legal representatives sought a writ of mandamus directing the first and second respondents to implement an order dated 10 December 2021, or alternatively to recall it and retain the petitioner in the ZA-115 Palaiyur Primary Agricultural Co-operative and Credit Society

At the hearing, counsel for the petitioners stated that the relief had become infructuous and endorsed that submission on the case bundle.

The Court applied the procedural principle that a writ petition may be dismissed as infructuous when the petitioner’s counsel submits that the relief sought has become infructuous and records that position by endorsement.

The Court cited no statute, precedent, or substantive legal rule in its order

The Court recorded counsel’s submission that the requested relief had become infructuous and noted the corresponding endorsement in the case bundle.

On that basis, it disposed of the petition without examining the merits of the original claim or the order challenged

made no order as to costs, and closed the connected miscellaneous petition.