S.Jagadeesan v. Dr.M.Sai Kumar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.09.2020
CORAM:
THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN S.Jagadeesan ... Petitioner vs.
1.
Dr.M.Sai Kumar, Chairman, Tamil Nadu Electricity Board, No.800, 10th Floor, K.R.R.Maaligai, Anna Salai, Chennai - 600 002.
2.
R.Balaji, Secretary, Tamil Nadu Electricity Board, No.800, 10th Floor, K.R.R.Maaligai, Anna Salai, Chennai - 600 002.
... 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.40680 of 2002, dated 02.03.2012. For Petitioner :
Mr.K.M.Kali Charan For Respondent :
M/s.T.S.Gopalan & Co.
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O R D E R
This Contempt Petition is filed alleging willful disobedience of the order dated 02.03.2012 passed by this Court in W.P.No.40680 of 2002.
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 was challenged in W.A.No.75 of 2018 and the same was disposed of by a Division Bench of this Court vide judgment dated 27.09.2018. 3.
In view of the submissions of the learned counsel for the Petitioner, 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. 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/05/11/2020 To 1.
The Chairman, Tamil Nadu Electricity Board, No.800, 10th Floor, K.R.R.Maaligai, Anna Salai, Chennai - 600 002.
2.
The Secretary, Tamil Nadu Electricity Board, No.800, 10th Floor, K.R.R.Maaligai, Anna Salai, Chennai - 600 002.
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