R.Murugaiah v. Mohan Vargeesh Sungath

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.09.2020

CORAM:

THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN 1.

R.Murugaiah 2.

S.P.Muthupandi ... Petitioners vs.

1.

Mohan Vargeesh Sungath, Secretary, Fort St. George, Chennai.

2.

Gautham Day, Principal Chief Conservator of Forests, Panagal Buildings, Saidapet, Chennai.

3.

Shaik Olivava, Range Officer, Social Forestry Range, Pulliyangudi, Tirunelveli Division.

... Respondents 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.265 of 2009, dated 05.03.2013. Page No.1 of 4

For Petitioners :

Mr.V.Subramani, for Mr.K.Vasudevan 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 05.03.2013 passed by this Court in W.P.No.265 of 2009.

2. When the matter is taken up for hearing today, it is represented by the learned counsel for the Petitioners that, challenging the order under contempt, Writ Appeal No.1977 of 2013 has been filed and a Division Bench of this Court vide judgment dated 22.08.2019, has partly allowed the same.

3. In view of the submissions of the learned counsel for the Petitioners that, Writ Appeal has been filed challenging the order passed in the Writ Petition, 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, it is open to the Petitioners 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/29.10.2020 To 1.

The Secretary, Fort St. George, Chennai.

Page No.3 of 4

2.

The Principal Chief Conservator of Forests, Panagal Buildings, Saidapet, Chennai.

3.

The Range Officer, Social Forestry Range, Pulliyangudi, Tirunelveli Division.

Page No.4 of 4