C.Shanmugam v. Dr.Porkaipandian
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.10.2020
CORAM:
THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN 1.
C.Shanmugam 2.
P.Subramanian C.Kuppusamy M.G.Ravi A.Kumar G.Perumal P.Narayanasamy T.Ponmudi A.Sakthivel
10. T.Chinnakannu
11. R.Murugan
12. K.Subramanian
13. A.Vabeer
14. R.Perumal
15. M.Gothandam ... Petitioners vs.
1.
Dr.Porkaipandian Director of Public Health and Preventive Medicine Department, Teynampet, Chennai 600 006.
2.
Dr.R.Meera Deputy Director of Health Services, Villupuram, Dr.V.Govindan, Deputy Director of Health Services, Kallakurichi, Page No.1 of 5
Dr.S.Muthukumaran Block Medical Officer of Government Primary Health Centre, Valathai, Dr.P.Krishnarajan Block Medical Officer of Government Primary Health Centre, Murukeri, Dr.E.Sathiskumar Block Medical Officer of Government Primary Health Centre, Kachirapalayam, Dr.A.Dharamandran, Block Medical Officer of Government Primary Health Centre, Melur, Villupuram District.
Dr.A.Sukumaran Block Medical Officer of Government Primary Health Centre, Mugaiyur, Villupuram District.
Dr.N.Boobesh, Block Medical Officer of Government Primary Health Centre, Ariyur, Villupuram District.
10.
Dr.N.Gnanaprakasam, Block Medical Officer of Government Primary Health Centre, Melchithamur, ... Respondents Page No.2 of 5
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.27777 of 2010, dated 16.12.2010. For Petitioners :
Mr.Sedhu Madhavan for Mr.M.Ravi For Respondents :
Mr.M.Elumalai, Additional Government Pleader
O R D E R
This Contempt Petition is filed alleging willful disobedience of the order dated 16.12.2010 passed by this Court in W.P.No.27777 of 2010.
2. When the matter is taken up for hearing today, it is represented by the learned Additional Government Pleader appearing for the Respondents that, the order under contempt was challenged in W.A.No.1241 of 2012 and the same was disposed of by a Division Bench of this Court and that, a Review Petition filed against the same is pending. In view of the submissions of the learned Additional Government Pleader, Contempt will not lie against the order passed in the Writ Petition.
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 Page No.3 of 5
of Dineshan, K.K. vs. R.K.Singh reported in (2014) 16 SCC 88, this Court 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. 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 Director of Public Health and Preventive Medicine Department, Teynampet, Chennai 600 006.
Page No.4 of 5
2.
The Deputy Director of Health Services, Villupuram, The Deputy Director of Health Services, Kallakurichi, The Block Medical Officer of Government Primary Health Centre, Valathai, The Block Medical Officer of Government Primary Health Centre, Murukeri, The Block Medical Officer of Government Primary Health Centre, Kachirapalayam, The Block Medical Officer of Government Primary Health Centre, Melur, Villupuram District.
The Block Medical Officer of Government Primary Health Centre, Mugaiyur, Villupuram District.
The Block Medical Officer of Government Primary Health Centre, Ariyur, Villupuram District.
10.
The Block Medical Officer of Government Primary Health Centre, Melchithamur, Page No.5 of 5