JUDGMENT :

Prayer: Contempt Petition is filed under Section 11 of the Contempt of Courts Act praying to punish the respondent for the disobedience of the order passed by this Court in W.P.(MD) No.16863 of 2020, dated 26.11.2020.

1. This contempt petition has been filed alleging wilful disobedience of the order, dated 26.11.2020, made in W.P.(MD) No.16863 of 2020.

2. When the matter is taken up for hearing, the learned Special Government Pleader appearing for the respondent submitted that the order passed in the writ petition has been confirmed by the Honourable Division Bench of this Court and now, the matter is pending before the Honourable Supreme Court and the special leave petition is yet to be numbered.

3. Applying the principle of Doctrine of Merger, the writ petitioner can file contempt proceedings against the order made in the writ appeal, if so advised, before the Honourable Division Bench of this Court and the Single Judge, who has passed the order, cannot deal with the contempt proceedings initiated by the petitioner.

4. 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)