High CourtsSingle Bench(2018) 01 MAD CK 0503

K.R.Ramaswamy vs State & Ors.

Madras High Court · Decided on 5 January 2018

HON’BLE JUDGES
S. Vaidyanathan
CASE NUMBER
2293 of 2017

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Judgment

18 paragraphs · 337 words
1.

The petitioner has come up with this Contempt Petition seeking to punish the respondents for their willful disobedience of the order dated

23.10.2017 passed by this Court in W.P.No.23490 of 2017.

2.

According to the petitioner, there is a violation of the order dated 23.10.2017 passed by this Court in W.P.No.23490 of 2017. This Court has

passed the said order directing the authority concerned to ensure that the photographs of persons who are alive, shall not be depicted in banners,

flex boards, sign boards, etc.

3.

Pursuant thereto, the First Bench of this Court, in W.A.No.1340 of 2017, by a judgment dated 20.12.2017, set aside the order passed by me,

to the limited extent as regards depiction of photos in banners, of persons who are alive. For better understanding, relevant portion of the order

passed in W.A.No.1340 of 2017, is extracted hereunder:

21.

The order under appeal is set side to the limited extent that the learned Single Bench has directed the concerned authorities to ensure that if

any permission is given for erecting banners, photographs/pictures of living persons are not to be depicted. The directions on the Chief Secretary to

the Government of Tamil Nadu are also modified by directing that the appropriate authorities shall ensure compliance with the order of the learned

Single Bench as modified by this Court, and the requisite Statutes, Rules, Regulations and Orders.

4.

The grievance of the petitioner is that photographs of live persons were depicted in the banners till the order under contempt was partially

modified by the First Bench of this Court.

5.

I am of the view that since the order dated 23.10.2017 passed by me got merged with the order dated 20.12.2017 passed by the First Bench

of this Court, on the principle of ''Doctrine of Merger'', the present Contempt Petition cannot be entertained. However, if the petitioner is

aggrieved, it is open to him to put forth his grievance before the concerned Division Bench of this Court.

In fine, the Contempt Petition is dismissed.