This Contempt petition is filed for punishing the respondent for committing contempt of Court by his willful and wanton disobedience of the order passed by this Court in W.P(MD)No.6677 of 2017 dated 13.04.2017.
2. Heard the learned counsel appearing for the petitioner and the learned standing counsel appearing for the respondent.
3. The contention of the petitioner is that this Court has passed an order directing the second respondent in the Writ petition to consider the representation dated 17.03.2017 and pass appropriate orders on merits and in accordance with law within a period of two weeks from the date of receipt of a copy of that order. It is further stated that the petitioner sent a representation along with a copy of the order to the second respondent in the writ petition to consider his representation dated 17.03.2017. However, the second respondent failed to consider the same. Since the respondent namely the second respondent in the Writ petition has failed to comply with the order, it is stated that the petitioner is constrained to file this contempt petition to punish the respondent.
4. This Court has passed the order directing the second respondent in the Writ petition to consider the representation of the petitioner dated 17.03.2017 and pass appropriate orders on merits and in accordance with law. The respondent has passed an order on 07.09.2017 stating that the request of the petitioner for transfer can not be considered as the petitioner has not submitted the documents in original in support of his claim of transfer on medical grounds.
5. The learned counsel appearing for the respondent has produced a copy of the communication dated 20.06.2017 wherein the Assistant Manager (Workmen) has sent a letter to the Branch Manager, Chidambaram to collect the relevant documents from the petitioner so that his request for transfer on medical ground can be considered. Subsequently, in response to the request of the respondent, it appears that the petitioner himself has given a letter on 29.06.2017 stating that the documents in original are available in Madurai High Court and that these information may be furnished to the General Manager. Even thereafter, it appears that the General Manager, Tamilnadu State Transport Corporation (Kumbakonam) Ltd., has addressed a letter to the counsel for the petitioner stating that the petitioner visited the office of General Manager and stated that no records are available with him and that all the records were produced before the Hon'ble High Court. In these circumstances, the learned counsel has also requested to sent the petitioner along with records about the medical treatment taken by him so as to consider the petitioner's application as per the directions of this Court.
6. It is further stated that despite these communications, so far, the petitioner has not given or produced the records, which are required by the respondents to consider the petitioner's claim on merits as per the direction of this Court. Having failed to furnish the records, which are required for considering the claim of the petitioner on merits, the petitioner cannot contend that the respondent has committed contempt of Court.
7. This Court is not in a position to appreciate the attitude of the petitioner and it is only with an intention to threat the respondent, it appears that the petitioner has approached this Court by way of contempt petition without even submitting the documents, which are required to consider his application on merits.
8. The way in which the petitioner has responded to the request of the respondent would clearly show that, he never intended to produce the documents to the respondent. Further, the communication, which is received by the General Manager from the petitioner clearly shows the attitude of the petitioner.
9. This Court does not find any wilful disobedience. Having regard to the conduct of petitioner, this Contempt Petition is dismissed with a cost of Rs.10,000/- (Ten Thousand Only) payable by the petitioner to the Hon'ble the Chief Justice Relief Fund, within a period of two weeks from the date of receipt of a copy of this order.
10. Post the matter for reporting payment of cost on 04.10.2017.
To The Superintendent of Prison, Central Prison, Madurai.
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