Case Note & Summary
The petitioner, C. Selvam, a convict presumably granted leave under the Tamil Nadu Suspension of Sentence Rules, 1982, approached the Madras High Court, Madurai Bench by way of a writ petition under Article 226 of the Constitution. The grievance was that the police authorities had failed to provide the necessary escort to enable him to avail the leave granted by the prison authorities. The petitioner sought a writ of mandamus directing the State of Tamil Nadu, represented by the Secretary, Home, Prohibition and Excise Department, the Director General of Police, the Commissioner of Police, Tiruchirappalli, and the Additional Director General of Police/Prisons to forthwith provide the escort. While the writ petition was pending, the Commissioner of Police, Tiruchirappalli passed an order on 22.03.2025, which addressed the petitioner’s request. When the matter came up for hearing on 24.03.2025 before a Division Bench comprising Dr. Justice G. Jayachandran and Justice R. Poornima, the Additional Public Prosecutor appearing for the respondents brought this order to the court’s notice. The court observed that in view of this subsequent development, nothing further survived for adjudication. No arguments on the merits of the case were advanced or considered. The court did not pronounce any legal principle or ratio. Consequently, the writ petition was closed as infructuous. No order as to costs was passed. The outcome was neutral; the court did not grant or deny the mandamus but simply noted that the relief sought had become otiose due to the supervening event. The judgment is brief and contains no discussion on the Tamil Nadu Suspension of Sentence Rules, 1982 or the scope of mandamus.
Headnote
A) Writ Jurisdiction - Mandamus - Infructuous Petition - Constitution of India, Article 226 - Petitioner sought mandamus to provide escort for leave under the Tamil Nadu Suspension of Sentence Rules, 1982. During pendency, the Commissioner of Police, Tiruchirappalli passed an order dated 22.03.2025 which resolved the grievance. Held that the petition became infructuous and was accordingly closed (Paras 3-4).
Issue of Consideration
Whether a writ of mandamus should be issued directing respondents to provide escort for the petitioner to avail leave under the Tamil Nadu Suspension of Sentence Rules, 1982?
Final Decision
In view of the order passed by the Commissioner of Police, Tiruchirappalli dated 22.03.2025, nothing survived for further adjudication. The writ petition stands closed.
Law Points
- writ petition becomes infructuous when the grievance is resolved by subsequent order of the authority
