J.Kasithangam v. Dr.M.Saikumar Ias
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.10.2020
CORAM:
THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN 1.
J.Kasithangam 2.
J.Adhimoolam ... Petitioners vs.
1.
Dr.M.Saikumar Chairman, 2.
Manivannan, Chief Engineer (Personnel) Natarajan, Superintending Engineer, Tamilnadu Electricity Generation & Dharmapuri Electricity Distribution Circle, Dharmapuri.
... Respondents Page No.1 of 4
Contempt Petition filed under Order 11 of the Contempt of Courts Act, 1971, praying to punish the Respondents herein for willfully disobeying the order of this Court in W.P.No.23101 of 2012, dated 09.09.2014. For Petitioners :
Mr.N.Suresh For Respondents :
Mr.Haroon, for M/s.T.S.Gopalan & Co.
O R D E R
This Contempt Petition is filed alleging willful disobedience of the order dated 09.09.2014 passed by this Court in W.P.No.23101 of 2012.
2. When the matter is taken up for hearing today, it is represented by the learned counsel for the Petitioners that, the order under contempt was challenged in W.A.No.2062 of 2019 and the same was decided by a Division Bench of this Court vide judgment dated 18.07.2019. In view of the submissions of the learned counsel for the Petitioners, Contempt will not lie against the order passed in the Writ Petition.
4.
In the case of Kunhayammed vs. State of Kerala, reported in (2000 (6) SCC 359), the principle of Doctrine of Merger has been widely discussed by the Apex Court. With reference to the three-Judge ruling in Kunhayammed case and yet another decision of the Apex Court in the case of Dineshan, K.K. vs. R.K.Singh reported in (2014) 16 SCC 88, this Court Page No.2 of 4
is of the view that, once the order passed in a Writ Petition gets merged with the order of the Writ Appeal, the remedy available to the petitioner is to file a Contempt in the Writ Appeal and not in the Writ Petition, unless and until the Apex Court specifically directs the High Court to decide the issue. 5.
Thus, in view of the principle of Doctrine of Merger discussed above, the present Contempt Petition cannot be adjudicated and hence, it is closed. However, if the Petitioners are aggrieved, it is open to them to work out their remedy in the manner known to law. SD/- ASSISTANT REGISTRAR(COMM.CASES) aeb/jas //Certified to be true copy// Dated at Madras this the day of 2020. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.
SMI/02/11/2020 To 1.
The Chairman, Page No.3 of 4
2.
The Chief Engineer (Personnel) The Superintending Engineer, Tamilnadu Electricity Generation & Dharmapuri Electricity Distribution Circle, Dharmapuri.
Page No.4 of 4