Thangam Ambrose v. K.Baskaran Ias

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.09.2020

CORAM:

THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN Thangam Ambrose ... Petitioner vs.

K.Bhaskaran, IAS, Director of Rural Development and Panchayat Raj, Panagal Buildings, Saidapet, Chennai - 600 015.

... Respondent Contempt Petition filed under Order 11 of the Contempt of Courts Act, 1971, praying to punish the Respondent herein for willfully disobeying the order of this Court in W.P.No.14163 of 2008, dated 18.08.2014. For Petitioner :

Mr.K.Venkataramani, Senior Counsel for Mr.M.Muthappan For Respondent :

Mr.M.Elumalai, Addl. Government Pleader

O R D E R

This Contempt Petition is filed alleging willful disobedience of the order dated 18.08.2014 passed by this Court in W.P.No.14163 of 2008. Page No.1 of 3

2. When the matter is taken up for hearing today, it is represented by the learned Additional Government Pleader appearing for the Respondent that, the order under contempt was challenged in W.A.No.1504 of 2015 and the same was dismissed by a Division Bench of this Court vide judgment dated 12.07.2017.

3.

In view of the submissions of the learned Additional Government Pleader appearing for the Respondent, Contempt will not lie against the order passed in W.P.No.14163 of 2008. 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. 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 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. Page No.2 of 3

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 Petitioner to work out his 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/06/11/2020 To The Director of Rural Development and Panchayat Raj, Panagal Buildings, Saidapet, Chennai - 600 015.

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