The Madras High Court dismissed a writ petition challenging a suspension order as infructuous. The court held that since the petitioner was 56 at the time of filing and near superannuation, the petition had no surviving legal interest.
No costs. Petition dismissed as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 15.11.2018
CORAM :
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.(MD)No.5785 of 2014
N.Rathinamani
... Petitioner
vs.
The Deputy Director of Fire and Rescue Services, Southern Region, Near Periyar Bus Stand, Madurai. ... Respondent
Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Mandamus, directing the respondent herein to revoke the order of suspension made in Na.Ka.No.Aa/2014 dated 02.01.2014 based on petitioner representation dated 28.01.2014 and pass orders within a time stipulated by this Court.
For Petitioner : Mr.F.Deepak For Respondents : Mr.V.R.Shanmuganathan, Spl.G.P.
ORDER
This writ petition has been filed to direct the respondent herein to revoke the order of suspension made in Na.Ka.No.Aa/2014 dated 02.01.2014 based on petitioner's representation dated 28.01.2014.
2.The writ petition was filed in the year 2014, when the petitioner was 56 years. It appears that the petitioner would have retired on attaining the age of superannuation. Therefore, nothing survives in this writ petition.
3.Accordingly, this writ petition is dismissed as infructuous. No costs.
Sd/Assistant Registrar(p and a)
/True Copy/
Sub Assistant Registrar(CS-II)
2
To
The Deputy Director of Fire and Rescue Services, Southern Region, Near Periyar Bus Stand, Madurai.
+1 cc to Special Government Pleader, SR.No.95765. Arul DS RSK SAR2 19 12 2018 2P 3C
W.P.(MD)No.5785 of 2014
2 issues framed by the court
Whether a writ petition challenging a suspension order survives when the petitioner is near superannuation.
Whether the writ petition is maintainable given the petitioner's age at the time of filing.
N. Rathinamani
Deputy Director of Fire and Rescue Services, Southern Region
C. Saravanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
