PONNUTHAI Vs. THIRU V.M. XAVIER CHRISSO NAYAGAM, I.A.S, THE DIRECTOR, DIRECTORATE OF SOCIAL WELFARE DEPARTMENT, CHEPAUK, CHENNAI

JUDGEMENT

(1.) This Contempt Petition is filed alleging wilful disobedience of the order passed in W.P(MD)No. 3023 of 2011 dated 01/10/2012.

(2.) It is represented that Writ Appeal(MD)No. 756 of 2013 has been filed against the order passed in W.P(MD)No.3023 of 2011 dated 01/10/2012 and the same is dismissed by the Honourable Division Bench of this Court by Judgment dated 11.02.2015. Applying the principle of Doctrine of Merger, the writ petitioner can file contempt proceedings only before the Honourable Division Bench of this Court and the Single Judge cannot deal with the Contempt Petition now initiated by the petitioner.

(3.) At this juncture, it would be worth referring to the decision of the Apex Court in the case of Kunhayammed & Others Vs. State of Kerala & Another, (2000 (6) SCC 359) , wherein, the principle of Doctrine of Merger has been widely discussed. Relevant portions of the said decision are usefully extracted hereunder:-