K SUBRAMANIAM Vs. PONNUSAMI

JUDGEMENT

(1.) Leave granted. Heard.

(2.) The appellant was Advocate General of the State of Tamil Nadu. Writ Petition No. 4167 of 1994 and Writ Miscellaneous Petition No. 9612 of 1994 were filed by one Ponnusami, Respondent No. 1 herein challenging his appointment as Advocate General. In that writ petition, a preliminary objection was raised to the maintainability of the writ petition. Prior to the impugned order dated 19-4-1994 made by Justice Kanakaraj of the Madras High Court holding that the writ petition was maintainable, earlier the same morning at 8-30 a.m. the appellant (Respondent No. 2 in the writ petition) tendered his resignation from the office of Advocate General. However, the intimation of this fact was not given to the High Court before the impugned order was pronounced that day. It is common ground before us that the said writ petition has now become infructuous on account of the fact that the appellant has resigned the office of Advocate General. The surviving grievance of the appellant is against certain observations made at the end of the impugned order dated 19-4-1994 by Kanakaraj, J. which cast some aspersion on the appellant.

(3.) The submission made by Shri Venugopal, learned counsel for the appellant is, that having held that the writ petition was maintainable there was not occasion to make any observations on the merits of the allegations contained in the writ petition without any enquiry thereinto, or a hearing given to the parties on the merits. Learned counsel submitted that these observations contained in Para 18 at the end of the impugned order of the learned single judge are wholly unwarranted. Having heard learned counsel for the parties we are satisfied that this submission must be accepted.