Case Note & Summary
The petitioner, State Bank of Travancore Jewel Appraiser Association, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of Madras High Court. The petition challenged a circular letter dated 13.02.2018 issued by the third respondent (Chief General Manager, Rural Business Unit, Chennai LHO) fixing charges for Gold Appraisers. The petitioner sought a writ of certiorari to quash the circular as illegal and contrary to the Gazette of India Extraordinary and subsequent circulars. During the pendency of the writ petition, the charges were revised once again by the respondents. The court, after hearing the counsel for both sides, observed that the revision of charges rendered the challenge infructuous. Consequently, the court dismissed the writ petition as infructuous with no order as to costs. The connected miscellaneous petitions were also closed.
Headnote
A) Writ Law - Infructuous Petition - Subsequent Revision of Charges - The petitioner challenged a circular fixing charges for Gold Appraisers. During pendency, the charges were revised, rendering the challenge infructuous. The court dismissed the petition as infructuous without costs. (Paras 3-4)
Issue of Consideration
Whether the writ petition challenging the circular fixing charges for Gold Appraisers survives when the charges have been revised subsequently
Final Decision
The writ petition is dismissed as infructuous. No order as to costs. Connected miscellaneous petitions are closed.
Law Points
- Writ petition becomes infructuous when the impugned circular is superseded by a subsequent revision of charges
Case Details
W.P(MD)No.3464 of 2018 and W.M.P(MD)Nos.3609 and 3610 of 2018
Mr.A.Haja Mohideen (for petitioner), Dr.M.D.Poornachari (for R1), Mr.V.P.Rajan (for R4)
State Bank of Travancore Jewel Appraiser Association
Government of India, Ministry of Finance and Banking; Chairman, State Bank of India; Chief General Manager, Rural Business Unit, Chennai LHO; Deputy General Manager, State Bank of India, Madurai; Assistant General Manager, State Bank of India, Nagarcoil
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging a circular fixing charges for Gold Appraisers.
Remedy Sought
Petitioner sought a writ of certiorari to quash the circular letter dated 13.2.2018 issued by the third respondent.
Filing Reason
The petitioner challenged the circular as illegal and contrary to the Gazette of India Extraordinary and subsequent circulars.
Issues
Whether the writ petition challenging the circular fixing charges for Gold Appraisers survives when the charges have been revised subsequently.
Submissions/Arguments
Petitioner argued that the circular was illegal and contrary to the Gazette of India Extraordinary and subsequent circulars.
Respondents contended that the charges have been revised once again, rendering the petition infructuous.
Ratio Decidendi
A writ petition challenging a circular becomes infructuous when the charges are revised subsequently, as the impugned circular ceases to have effect.
Judgment Excerpts
Now the charges have been revised once again and as such, the Writ Petition has become infructuous.
Accordingly, the Writ Petition is dismissed as infructuous.
Procedural History
The writ petition was filed in 2018 challenging a circular dated 13.2.2018. During pendency, the charges were revised. The court dismissed the petition as infructuous on 02.01.2025.
Acts & Sections
- Constitution of India: Article 226
