[Judgment of the Court was made by M.M.SUNDRESH, J.] This is a frivolous litigation initiated by the Petitioner. Earlier, he made a complaint against his own counsel, alleging that he did not take effective steps to bring the Petition filed by him in Crl.O.P(MD)No.9043 of 2010 and thus committed a professional mis-conduct. The notice issued by the Bar Council of India is quashed in W.P(MD)No.12982 of 2011. The Petitioner filed a Writ Appeal against the order, dated 2.12.2011 passed in W.P(MD)No.12892 of 2011 which was dismissed even at the condone delay stage in C.M.P(MD)No.2520 of 2016 in W.A(MD)SR.No.8070 of 2016, dated 17.3.2016.
2.Not satisfied with that, the Petitioner filed another Perjury Petition in W.M.P(MD)SR.No.61798 of 2016 in W.P(MD)No.12892 of 2011, inter- alia urging that the perjury has been committed in the affidavit filed in support of the said Writ Petition. It is rejected at the stage of maintainability, by the order of the learned Single Judge on 5.1.2017.
3.As against the said order, the Petitioner filed a Special Leave Petition, which was dismissed by the Honourable Apex Court in SLP.No.2621 of 2017, dated 17.7.2017. The order passed by the Court is reproduced which reads as under:
''We see no reason to interfere with the impugned judgement and the order passed by the Honourable Court. The Special Leave Petition is accordingly dismissed.''
4.The Petitioner strangely seeks to challenge the order passed by the learned Single Judge in W.M.P(MD)SR.No.61798 of 2016 in W.P(MD)No.12892 of 2011 dated 5.1.2017 before us, despite the fact that the Special Leave Petition was dismissed.
5.The Registry raised objection as to how the Writ Appeal is maintainable. The Petitioner made an endorsement stating that the dismissal of the Special Leave Petition will not prevent him from filing an appeal, as it was not an order passed on merit. Thereafter, the matter stands posted before us.
6.The Petitioner, who appeared in person submits that the matter can only be heard by the Principal Bench of this Court. Secondly, he submitted that the order passed by the Honourable Apex Court cannot be a bar for this Court to hear the Writ Appeal. The aforesaid order was not passed on merits. To support his submission, the Petitioner placed reliance upon the two orders passed by the learned Single Judge, which are as under:
1.Review Petition No.58 of 2015 in W.P.No.32237 of 2014(The Chief Commissioner of Customs, Customs House, No.60, Rajaji Salai, Chennai ? 600 001 and others .vs. M/s.Himachal Exim, represented by its Proprietor, Shri H.Nagaraj, Chennai-1 and Contempt Petition No.844 of 2015 in W.P.No.32237 of 2014(M/s.Himachal Exim, represented by its Proprietor Shri.H.Nagaraj .vs. Shri Ramesh, IRS, Office of the Chief Commissioner of Customs, Customs House, No.60 Rajaji Salai, Chennai-1 and others, dated 8.10.2015.
2.Contempt Petition(MD)No.651 of 2016 in W.P(MD)No.4559 of 2017( S.S.Muthu Chettiar Memorial HighSchool,Oonjampatti, Rajapalayam Range, Virudhunagar District, through its Educational Agency and Secretary Mr.M.Sadhasivam .vs. Mr.Rajaraman, the District Collector,Virudhunagar District and another)
7.We have heard the Petitioner at length, despite continuous supply of provocation.
8.The Writ Petition was allowed on merits by the learned Single Judge. The said order has become final. The Writ Appeal filed was also dismissed at the stage of condonation of delay. Admittedly, the Special Leave Petition filed by the Petitioner was dismissed. Thereafter, the Petitioner has chosen to file this Petition. Now the Petitioner seeks to open the issue, which has attained its finality. This is on two counts. One with respect to an order passed on merit and the second is the issue pertaining to the Petition filed seeking action for perjury as not maintainable. The two orders relied upon by the Petitioner cannot help the case of the Petitioner. With respect to the order, dated 15.02.2017, it deals with a contempt petition filed. In the other order relied upon, dated 8.10.2015, the issue is with respect to the review filed. We are neither dealing with a Contempt nor a review petition. In fact, the petitioner wants to import the principal governing the review petition. The Petition filed seeking perjury was dismissed as not maintainable, was confirmed by the Honourable Apex Court. When one the Petition is dismissed, the same cannot be re-opened on the very same issue. This is nothing, but an abuse of process of law.
9.Accordingly, while dismissing this Writ Appeal at SR stage itself, we impose a cost of Rs.10,000/- payable by the appellant to the credit of Legal Services Committee attached to this Bench within a period of four weeks from the date of receipt of a copy of this order. We hope and trust that this order would make the Petitioner to realize his mistakes in filing any such Petitions in future.
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