IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 9TH DECEMBER 2010 / 18TH AGRAHAYANA 1932 WA.No. 1854 of 2010() --------------------- AGAINST THE ORDER IN WPC.31823/2010 Dated 22/10/2010 .................... APPELLANT: PETITIONER ------------------------ DR.JOSEPH ISAAC, S/O. LATE K.E.ISAAC, AGED 53 YEARS, G 398, PANAMPILLY NAGAR, KOCHI-36. BY ADV. MR. GEORGE THOMAS MEVADA, SENIOR ADVOCATE MR. MANU GEORGE KURUVILLA RESPONDENTS: RESPONDENTS 1 TO 4 --------------------------------- 1. UNION OF INDIA, REPRESENTED BY MINISTRY OF HEALTH AND FAMILY WELFARE, NIRMAN BHAVAN, NEW DELHI-110 001. 2. DENTAL COUNCIL OF INDIA, REPRESENTED BY ITS SECRETARY, AIWAN-E-GHALIB MARG, KOTLA ROAD, NEW DELHI-110 002. 3. THE SECRETARY, DENTAL COUNCIL OF INDIA, AIWAN-E-GHALIB MARG, KOTLA ROAD, NEW DELHI-110 002. 4. MAJOR GENERAL (RETIRED) DR. P.N.AWASTHI, HOUSE NO.784, AYORVA APARTMENTS, ARUN VIHAR, SECTOR 29, NOIDA, UTTARPRADESH, PIN-201 303. R1 BY ADV. MR. T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA R2 & 3 MR. SAJEEV KUMAR K.GOPAL R4 MR. SREELAL N.WARRIER THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ALONG WITH W.P.(C) NO. 31823 OF 2010 ON 09/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. CHELAMESWAR, C.J. & P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.A. No. 1854 of 2010 and W.P. (C) No. 31823 of 2010 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 9th day of December, 2010 JUDGMENT J. Chelameswar, C.J. This appeal arises out of an order dated 22.10.2010 in W.P.(C) No. 31823 of 2010. By which, the learned Single Judge declined to pass an interim order as prayed for in the Writ Petition filed by the appellant herein. The Writ Petition itself is filed with the prayers as follows : i) issue a writ in the nature Quo Warranto, requiring the 4th respondent to show-cause under what legal authority he is appointed and continuing as the Secretary of the Dental Council of India; ii) issue a writ of mandamus or other appropriate writs, directions or orders restraining the Dental Council of India from allowing the 4th respondent to function and discharge the duties of the Secretary of the Dental Council of India; iii) pass appropriate orders interdicting the 4th respondent from functioning as the Secretary of the 2nd respondent. iv) pass such other orders as may be deemed fit and proper in the circumstances of the case. 2. The appellant is challenging the appointment and continuance of the 4th respondent to a public office viz. Secretary of the Dental Council of India, a statutory body. Today, when the matter is taken up, Adv. Sri. W.A. No. 1854 of 2010 and W.P. (C) No. 31823 of 2010 2 Sreelal N. Warrier, the learned counsel appearing for the fourth respondent made a statement that, the fourth respondent has already resigned from the said office by his communication dated 7th December, 2010. In the said circumstances, we do not see any reason to proceed with the Writ Appeal. The Writ Appeal is accordingly closed as the matter having become infructuous. In view of the resignation of the 4th respondent, even the Writ Petition itself becomes infructuous. The same is also dismissed as infructuous. J. CHELAMESWAR, CHIEF JUSTICE P. R. RAMACHANDRA MENON, JUDGE kmd