Madras High Court
C.Shanmugam vs Dr.Porkaipandian on 1 October, 2020
Author: S.Vaidyanathan
Bench: S.Vaidyanathan
Contempt Petition No.1086 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.10.2020
CORAM:
THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN
Contempt Petition No.1086 of 2013
1. C.Shanmugam
2. P.Subramanian
3. C.Kuppusamy
4. M.G.Ravi
5. A.Kumar
6. G.Perumal
7. P.Narayanasamy
8. T.Ponmudi
9. A.Sakthivel
10. T.Chinnakannu
11. R.Murugan
12. K.Subramanian
13. A.Vabeer
14. R.Perumal
15. M.Gothandam ... Petitioners
vs.
1. Dr.Porkaipandian
Director of Public Health and
Preventive Medicine Department,
Teynampet, Chennai 600 006.
2. Dr.R.Meera
Deputy Director of Health Services,
Villupuram,
Villupuram District.
3. Dr.V.Govindan,
Deputy Director of Health Services,
Kallakurichi,
Villupuram District.
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Contempt Petition No.1086 of 2013
4. Dr.S.Muthukumaran
Block Medical Officer of
Government Primary Health Centre,
Valathai,
Villupuram District.
5. Dr.P.Krishnarajan
Block Medical Officer of
Government Primary Health Centre,
Murukeri,
Villupuram District.
6. Dr.E.Sathiskumar
Block Medical Officer of
Government Primary Health Centre,
Kachirapalayam,
Villupuram District.
7. Dr.A.Dharamandran,
Block Medical Officer of
Government Primary Health Centre,
Melur, Villupuram District.
8. Dr.A.Sukumaran
Block Medical Officer of
Government Primary Health Centre,
Mugaiyur, Villupuram District.
9. Dr.N.Boobesh,
Block Medical Officer of
Government Primary Health Centre,
Ariyur, Villupuram District.
10. Dr.N.Gnanaprakasam,
Block Medical Officer of
Government Primary Health Centre,
Melchithamur,
Villupuram District. ... Respondents
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Contempt Petition No.1086 of 2013
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.27777 of 2010, dated
16.12.2010.
For Petitioners : Mr.Sedhu Madhavan
for Mr.M.Ravi
For Respondents : Mr.M.Elumalai,
Additional Government Pleader
ORDER
This Contempt Petition is filed alleging willful disobedience of the order dated 16.12.2010 passed by this Court in W.P.No.27777 of 2010.
2. When the matter is taken up for hearing today, it is represented by the learned Additional Government Pleader appearing for the Respondents that, the order under contempt was challenged in W.A.No.1241 of 2012 and the same was disposed of by a Division Bench of this Court and that, a Review Petition filed against the same is pending.
3. In view of the submissions of the learned Additional Government Pleader, 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 http://www.judis.nic.in Page No.3 of 5 Contempt Petition No.1086 of 2013 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.
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 Petitioners are aggrieved, it is open to them to work out their remedy in the manner known to law.
01.10.2020
Index : Yes/No
(aeb/jas)
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Contempt Petition No.1086 of 2013
S.VAIDYANATHAN,J.
(aeb/jas)
Order in
Contempt Petition No.1086 of 2013
01.10.2020
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