Case Note & Summary
The petitioner, Punitha, filed a writ petition before the Madras High Court seeking a direction to the respondents, including the District Collector, Chennai Corporation officials, and private individuals, to consider her representation dated 13.01.2022 and restore a lane connecting Ammaiammal Street and Nacharammal Street in Pulianthope to its original width of 10 ft. The matter came up for hearing before a Division Bench comprising Justice S.M. Subramaniam and Justice C. Kumarappan. During the hearing, the learned Standing Counsel for the Chennai Corporation submitted that the street encroachment had been removed during the pendency of the writ petition. In light of this development, the counsel for the petitioner sought permission to withdraw the petition. The Court granted permission and dismissed the writ petition as withdrawn, with no order as to costs. The judgment is brief and does not delve into any legal issues or merits, as the relief sought was rendered infructuous by the Corporation's action.
Headnote
A) Writ Law - Withdrawal of Petition - Encroachment Removal - The petitioner sought restoration of a lane connecting Ammaiammal Street and Nacharammal Street to its original width of 10 ft. During pendency, the Chennai Corporation removed the street encroachment. The petitioner then sought permission to withdraw the petition. The Court granted permission and dismissed the petition as withdrawn with no costs. (Paras 1-3)
Issue of Consideration
Whether the writ petition seeking restoration of a lane to its original width should be entertained after the encroachment was removed by the Corporation during pendency.
Final Decision
The writ petition is dismissed as withdrawn. No costs.
Law Points
- Withdrawal of writ petition
- removal of encroachment
- no costs
Case Details
2026 LawText (MAD) (02) 275
S. M. Subramaniam, C. Kumarappan
E.Soundar Rajan (for petitioner), T.Arun Kumar (AGP for R1,3,6), D.B.R. Prabhu (Senior Counsel for R2,4,5), Y.Kavitha (for M/s P.V.S.Giridhar Associates for R7 to R12)
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Nature of Litigation
Writ petition seeking direction to restore a lane to its original width after encroachment.
Remedy Sought
Direction to respondents to consider petitioner's representation dated 13.01.2022 and restore the lane connecting Ammaiammal Street and Nacharammal Street to its original width of 10 ft.
Filing Reason
Alleged encroachment of a lane in Pulianthope, Chennai.
Issues
Whether the writ petition should be allowed after the encroachment was removed by the Corporation.
Submissions/Arguments
Standing Counsel for Chennai Corporation submitted that street encroachment had been removed during pendency.
Petitioner's counsel sought permission to withdraw the petition.
Ratio Decidendi
When the relief sought in a writ petition is rendered infructuous by subsequent events (removal of encroachment), the petitioner may withdraw the petition, and the court will dismiss it as withdrawn without costs.
Judgment Excerpts
When the matter is taken up for hearing, learned Standing Counsel for Chennai Corporation would submit that during pendency of the Writ Petition, street encroachment had been removed.
At this juncture, learned counsel for the petitioner seeks permission of this Court to withdraw this petition.
Permission is granted. The present Writ Petition is dismissed as withdrawn. No costs.
Procedural History
The writ petition was filed in 2022. During pendency, the Chennai Corporation removed the encroachment. At hearing on 16-02-2026, petitioner sought withdrawal, which was granted.
