Case Note & Summary
The matter arose from a writ appeal filed by the State, represented by the Director of Public Health and Preventive Medicine, against an order dated 18.02.2022 passed in W.P. No. 23426 of 2014. The underlying writ petition had been filed by G. Ramaswamy seeking some relief against the State. When the appeal came up for hearing, the respondent's counsel, after arguing at length, submitted that the respondent had been subsequently terminated from service. Challenging that termination, a separate writ petition had been filed and was pending. The counsel sought permission to withdraw the original writ petition itself, stating that the respondent would approach the Competent Authority for redressal of his grievance, including monetary benefits. The counsel also made an endorsement in the case bundle to that effect. There being no opposition from the appellant's side, the court considered the submission. The court noted that the respondent desired to withdraw the writ petition and pursue an alternative remedy. Finding no impediment, the court granted permission to withdraw the writ petition. Consequently, W.P. No. 23426 of 2014 was dismissed as withdrawn. Since the foundation of the appeal disappeared with the withdrawal of the writ petition, the court held that no further consideration was required in the writ appeal. Accordingly, the writ appeal was closed. No order as to costs. The connected miscellaneous petition was also closed. The judgment did not involve any examination of the merits of the original dispute or the appeal, focusing solely on the procedural disposal of the matter following the withdrawal of the underlying petition.
Headnote
A) Civil Procedure - Withdrawal of Writ Petition - Not mentioned - The respondent, after arguing the case, sought permission to withdraw the original writ petition and to approach the competent authority for redressal of grievances, including monetary benefits; the court permitted withdrawal, dismissed the writ petition as withdrawn, and consequently closed the writ appeal with no costs - Held that no further consideration was required in the writ appeal upon withdrawal of the underlying writ petition (Paras 2-3).
Issue of Consideration
Whether the respondent could be permitted to withdraw the original writ petition and, consequently, what effect this would have on the pending writ appeal.
Final Decision
The writ petition W.P. No. 23426 of 2014 was permitted to be withdrawn and dismissed as withdrawn. Consequently, the writ appeal was closed with no costs. Connected miscellaneous petition was also closed.
Law Points
- Withdrawal of writ petition
- dismissal as withdrawn
- closure of writ appeal
