Case Note & Summary
The writ petition was filed under Article 226 of the Constitution of India by the petitioner seeking a writ of mandamus directing the first respondent, the State Human Rights Commission, to deal with his complaint dated 14.07.2018. The petitioner alleged inaction on the part of the Commission. During the hearing, the learned counsel for the first respondent produced a copy of the order dated 16.11.2023, which revealed that the petitioner's complaint had already been closed by the Commission. Consequently, the Court observed that no valid cause survived for entertainment of the writ petition. The Court held that since the grievance stood addressed, the writ petition had become infructuous. Accordingly, the writ petition was dismissed with no order as to costs. The judgment emphasised that a writ of mandamus cannot be issued when the relief sought is no longer available or the underlying complaint has already been disposed of by the competent authority. The procedural history indicates that the petitioner approached the Commission on 14.07.2018 and, after a prolonged period without response, filed the present writ petition in 2024. However, the Commission had already closed the complaint on 16.11.2023, a fact brought to the Court's notice only during the proceedings. The decision reinforces the principle that a court will not entertain a writ petition where the cause of action has ceased to exist.
Headnote
A) Constitutional Law - Writ of Mandamus - Maintainability - Constitution of India, 1950, Article 226 - The petitioner sought a direction to the State Human Rights Commission to consider his complaint dated 14.07.2018. The Commission had already passed an order dated 16.11.2023 closing the complaint. As there was no surviving grievance, the Court found that no valid cause was established to entertain the writ petition. Held that the writ petition is dismissed as infructuous (Paras 2-3).
Issue of Consideration
Whether the writ of mandamus should be directed to the State Human Rights Commission to deal with the petitioner's complaint when the complaint has already been disposed of.
Final Decision
The writ petition is dismissed as no valid cause survived; the complaint was already closed by the Commission. No costs.
Law Points
- Writ of mandamus not maintainable when the complaint has already been closed by the authority
- No valid cause exists for a writ petition if the grievance is already addressed
