G.Sam William Carter And 3 Others v. P.Amudha And 2 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.09.2023

CORAM

THE HON'BLE JUSTICE S.VAIDYANATHAN Contempt Petition No.2031 of 2023 in W.P.No.1251 of 2021

1. G.Sam William Carter

2. K.Suresh

3. M.Kulothungan

4. G.Dhanachezhiyan ... Petitioners -vs1.

Mrs.P.Amudha, I.A.S., The Government of Tamilnadu Secretary to Government, Home Department, Fort St.George, Chennai-600 009.

2.

Mr.Shankar Jiwal, I.P.S., The Director General of Police, Law & Order, Chennai-600 004.

3.

Mr.Sandeep Rai Rathore, I.P.S., The Commissioner of Police, Chennai City, Veppery, Chennai.

... Respondents/R1 to R3 Prayer: Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the Respondents for their wilful and intentional disobedience of the order passed by this Court in W.P.No.1251 of 2021 dated 03.03.2021. For Petitioners :

M/s.G.Bala and Daisy

For Respondents :

Mr.Silambanan, Additional Advocate General Assisted by Mrs.V.Yamuna Devi Spl.Govt.Pleader *****

O R D E R

This contempt petition has been filed for punishing the respondents for having not obeyed the order of this Court dated 03.03.2021 passed in W.P.No.1251 of 2021.

2. When the matter is taken up for hearing, it is represented by both the petitioner and the learned Additional Advocate General appearing for the respondents that against the order passed in the Writ Petition, a Writ Appeal has been preferred along with a petition for condoning the delay. It is further represented that the delay has been condoned and the Writ Appeal has been numbered.

3. In view of the above submissions, the present Contempt Petition cannot be adjudicated before this Court on the principle of Doctrine of Merger in terms of the judgments of the Supreme Court in the case of Kunhayammed & Others -vs- State of Kerala & Another, (2000 (6)

SCC 359) and Dineshan, K.K. vs. R.K.Singh and another, [(2014) 16 SCC 88]. Hence, this Contempt Petition is closed with liberty to the petitioners to work out their remedy, depending upon the outcome in the Writ Appeal.

22.09.2023 ar To:

1.

Mrs.P.Amudha, I.A.S., The Government of Tamilnadu Secretary to Government, Home Department, Fort St.George, Chennai-600 009.

2.

Mr.Shankar Jiwal, I.P.S., The Director General of Police, Law & Order, Chennai-600 004.

3.

Mr.Sandeep Rai Rathore, I.P.S., The Commissioner of Police, Chennai City, Veppery, Chennai.

S.VAIDYANATHAN,J., ar Contempt Petition No.2031 of 2023 22.09.2023