Case Note & Summary
The petitioner, Dr. Basant Kumar Tiwary, filed a writ petition under Article 226 of the Constitution of India before the Madras High Court. He sought a writ of Certiorarified Mandamus to quash an office order dated 15.7.2015 issued by the 2nd respondent, Pondicherry University, which allegedly violated Clause 7 of the University's Statutes. The petitioner also sought a direction to continue him as Centre Head of the Centre for Bio-Informatics till 28.2.2016 as per an earlier office order dated 28.2.2013. The respondents included the Union of India, Pondicherry University, its Vice Chancellor, and an Associate Professor. During the hearing, the learned counsel for the petitioner, M/s. Balan Haridas and R. Kamatchi Sundaresan, fairly submitted that nothing survives in the writ petition. Recording this submission, the court closed the writ petition as infructuous with no costs, and also closed the connected miscellaneous petition. The judgment was delivered by Justice C. Kumarappan on 05-02-2026.
Headnote
A) Writ Law - Infructuous Petition - Petitioner's counsel submitted that nothing survives in the writ petition - Court recorded the submission and closed the writ petition as infructuous - No costs (Paras 2-3)
Issue of Consideration
Whether the writ petition challenging the office order dated 15.7.2015 survives for consideration
Final Decision
Writ petition closed as infructuous. No costs. Connected MP closed.
Law Points
- Writ petition becomes infructuous when the subject matter no longer survives
