Madras High Court
Thamaraiselvi vs Mangat Ram Sharman on 18 September, 2020
Author: S.Vaidyanathan
Bench: S.Vaidyanathan
Contempt Petition Nos.961, 1027 & 1068 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.09.2020
CORAM:
THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN
Contempt Petition Nos.961, 1027 & 1068 of 2018
and Sub Applns (O.S) Nos.202, 207 & 215 of 2018
Cont.P.No.961 of 2018:
1. Thamaraiselvi
2. S.Saradha
3. R.Krishnaveni
4. R.Velammal ... Petitioners
vs.
1. Mangat Ram Sharman, IAS,
Secretary, Government of Tamil Nadu,
Labour and Employment (R2) Department,
Secretariat, Fort St. George,
Chennai – 600 009.
2. M.Vijayakumar, IAS,
Secretary,
Tamil Nadu Public Service Commission,
Chennai.
3. A.Ramanathan,
District Employment Officer,
District Employment Exchange Office,
Virudhunagar.
4. N.Mahalakshmi,
Assistant Director,
District Employment Office,
Madurai – 7.
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Contempt Petition Nos.961, 1027 & 1068 of 2018
5. T.S.Jagadeesan,
District Employment Officer,
District Employment Exchange Office,
Dindigul.
6. M.Kalimuthu,
District Employment Officer,
District Employment Exchange Office,
Dindigul.
7. Nagendran,
District Employment Officer,
District Employment Exchange Office,
Tirunelveli.
8. S.Baskaran,
District Employment Officer,
District Employment Exchange Office,
Krishnagiri. ... 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.20177 of 2010, dated
10.04.2017.
Cont.P.No.1027 of 2018:
1. G.D.Ravichandran
2. M.Balaji
3. C.Suresh
4. R.Hari ... Petitioners
vs.
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Contempt Petition Nos.961, 1027 & 1068 of 2018
1. Mangat Ram Sharman, IAS,
Secretary,
Government of Tamil Nadu,
Labour and Employment (R2) Department,
Secretariat, Fort St. George,
Chennai – 600 009.
2. M.Vijayakumar, IAS, Secretary,
Tamil Nadu Public Service Commission,
Chennai.
3. V.Karunakaran
District Employment Officer,
District Employment Exchange Office,
Vellore.
4. V.Srinivasan,
District Employment Officer,
District Employment Exchange Office,
Thiruvellore. ... 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.17924 of 2010 dated
10.04.2017.
Cont.P.No.1068 of 2018:
1. S.Selvi Jabamalai
2. K.P.Saradha
3. V.Sivakumar
4. A.Kumudhini
5. K.Kala
6. R.Krishnaveni
7. E.Prabhakar ... Petitioners
vs.
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Page No.3 of 8
Contempt Petition Nos.961, 1027 & 1068 of 2018
1. Mangat Ram Sharman, IAS,
Secretary,
Government of Tamil Nadu,
Labour and Employment (R2) Department,
Secretariat, Fort St. George,
Chennai – 600 009.
2. M.Vijayakumar, IAS, Secretary,
Tamil Nadu Public Service Commission,
Chennai.
3. O.S.Gnanasekaran,
Assistant Director,
District Employment Exchange Office,
Coimbatore – 29.
4. R.Arunagiri,
Assistant Director in charge,
District Employment Exchange Office,
Kancheepuram.
5. V.Karunakaran,
District Employment Officer,
District Employment Exchange Office,
Vellore.
6. P.Vadivelu,
District Employment Officer,
Ootacamund, The Niligiris.
7. T.Balamurugan,
District Employment Officer,
District Employment Exchange Office,
Nagapattinam.
8. A.Jothimani,
Assistant Director,
District Employment Exchange Office,
Salem – 7.
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Contempt Petition Nos.961, 1027 & 1068 of 2018
9. S.Thiagarajan,
District Employment Officer,
District Employment Exchange Office,
Perambalur.
10. V.Srinivasan,
District Employment Officer,
District Employment Exchange Office,
Tiruvallore. ... 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.17923 of 2010 dated
10.04.2017.
*****
For Petitioners in all : Mr.Ramkumar
Contempt Petitions for Mrs.A.L.Gandhimathi
For Respondents in all : Mr.M.Elumalai,
Contempt Petitions Addl. Government Pleader
COMMON ORDER
These Contempt Petitions are filed alleging willful disobedience of the common order dated 10.04.2017 passed by this Court in W.P.No.20177 of 2010, W.P.No.17924 of 2010 and W.P.No.17923 of 2010, respectively.
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 orders under contempt are challenged in http://www.judis.nic.in Page No.5 of 8 Contempt Petition Nos.961, 1027 & 1068 of 2018 W.A.Nos.772, 748 and 753 of 2019 and are pending before a Division Bench of this Court.
3. In view of the submissions of the learned Additional Government Pleader appearing for the Respondents, Contempt will not lie against the order passed in W.P.No.20177 of 2010, W.P.No.17924 of 2010 and W.P.No.17923 of 2010, respectively.
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.
5. Thus, in view of the principle of Doctrine of Merger discussed above, the present Contempt Petitions cannot be adjudicated and hence, they are closed. However, it is open to the Petitioners to work out their remedy in the manner known to law. http://www.judis.nic.in Page No.6 of 8 Contempt Petition Nos.961, 1027 & 1068 of 2018 Consequently, connected Sub Application Nos.202, 207 and 215 of 2018 are closed.
18.09.2020
Index : Yes/No
(aeb/jas)
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Contempt Petition Nos.961, 1027 & 1068 of 2018 S.VAIDYANATHAN,J.
(aeb/jas) Common Order in Contempt Petition Nos.961, 1027 & 1068 of 2018 and Sub Applns (O.S) Nos.202, 207 & 215 of 2018 18.09.2020 http://www.judis.nic.in Page No.8 of 8