Case Note & Summary
The case involves a writ appeal filed by the State of Tamil Nadu and other health department officials against an order of a Single Judge dated 30.04.2024 in W.P.(MD)No.10820 of 2024. The respondent, Dr. Hariharan A.S., had executed a bond with the appellants, which required him to serve for a certain period. The bond period had been completed by the time the appeal was heard, and the original certificates that were held by the department had been returned to the doctor. Consequently, the court found that the prayer in the appeal had become infructuous. The Division Bench, comprising Justice M.S. Ramesh and Dr. Justice A.D. Maria Clete, closed the writ appeal without any order as to costs, also closing the connected miscellaneous petition. The judgment was delivered on 20.01.2025.
Headnote
A) Writ Appeal - Infructuous - Bond Period Completed - The appeal challenging the Single Judge's order was rendered infructuous as the bond period between the appellants and respondent had been completed and the original certificates in the custody of the department had been handed over to the doctor. The court held that no further orders were required and closed the appeal. (Paras 2-3)
Issue of Consideration
Whether the writ appeal challenging the order of the Single Judge in W.P.(MD)No.10820 of 2024 survives when the bond period has been completed and original certificates have been returned
Final Decision
Writ Appeal closed as infructuous; no order as to costs; connected miscellaneous petition closed.
Law Points
- Writ appeal becomes infructuous when the underlying dispute is resolved
- no further orders required
Case Details
2025 LawText (MAD) (01) 241
W.A.(MD)No.2454 of 2024 and C.M.P.(MD)No.17148 of 2024
M.S. Ramesh, A.D. Maria Clete
Mr.S.R.A.Ramachandran (Additional Government Pleader for appellants), Ms.Amritha Sathyajith (for respondent)
State of Tamil Nadu represented by Principal Secretary, Health and Family Welfare Department, Chennai; Directorate of Medical Education; Directorate of Medical and Rural Health Services; Directorate of Public Health and Preventive Medicine; Joint Director of Health Services, Dindigul; Government Villupuram Medical College
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Nature of Litigation
Writ Appeal under Clause 15 of Letters Patent against order in W.P.(MD)No.10820 of 2024
Remedy Sought
Appellants sought to set aside the order dated 30.04.2024 in W.P.(MD)No.10820 of 2024
Filing Reason
Challenge to Single Judge's order regarding bond executed between appellants and respondent
Previous Decisions
Single Judge order dated 30.04.2024 in W.P.(MD)No.10820 of 2024
Issues
Whether the writ appeal has become infructuous due to completion of bond period and return of certificates
Ratio Decidendi
When the subject matter of the appeal is resolved (bond period completed and certificates returned), the appeal becomes infructuous and no further orders are required.
Judgment Excerpts
The prayer sought for in this Writ Appeal has become infructuous, since the bond period executed between the appellants and the respondent had been completed and the original certificates which were in the custody of the department have also been handed over to the concerned doctor.
Accordingly, this Writ Appeal stands closed. There shall be no order as to costs.
Procedural History
The Single Judge passed an order on 30.04.2024 in W.P.(MD)No.10820 of 2024. The appellants filed the present Writ Appeal under Clause 15 of Letters Patent challenging that order. The appeal was heard on 20.01.2025 and closed as infructuous.
