Madras High Court
S.Jagadeesan vs Dr.M.Sai Kumar on 22 September, 2020
Author: S.Vaidyanathan
Bench: S.Vaidyanathan
Contempt Petition No.1784 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.09.2020
CORAM:
THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN
Contempt Petition No.1784 of 2017
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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Contempt Petition No.1784 of 2017
ORDER
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.
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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.
22.09.2020
Index : Yes/No
(aeb/jas)
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Contempt Petition No.1784 of 2017
S.VAIDYANATHAN,J.
(aeb/jas)
Order in
Contempt Petition No.1784 of 2017
22.09.2020
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