A.Singamuthu v. S.Murugaiah I.A.S

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.09.2020

CORAM:

THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN A.Singamuthu ... Petitioner vs.

S.Murugaiah, I.A.S, Inspector General of Registration, Santhome High Road, Chennai.

... 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.26702 of 2010, dated 26.11.2010. For Petitioner :

Mr.K.Sanjay For Respondent :

Mr.T.M.Pappaiah Special Government Pleader

O R D E R

This Contempt Petition is filed alleging willful disobedience of the order dated 26.11.2010 passed by this Court in W.P.No.26702 of 2010. Page No.1 of 3

2. When the matter is taken up for hearing today, it is represented by the learned counsel for the Petitioner that, the order under contempt has been taken upto the Supreme Court in Civil Appeal No.3770 of 2017 and the said Appeal was allowed vide judgment dated 07.03.2017.

3. In view of the submissions of the learned counsel for the Petitioner that, the Supreme Court has allowed the Civil Appeal filed against the order under contempt, 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 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, if the Petitioner is aggrieved, it is open to him 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/29.10.2020 To The Inspector General of Registration, Santhome High Road, Chennai.

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