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1996 Supreme(Mad) 582

K.A.SWAMI, A.R.LAKSHMANAN
T. Marappan – Appellant
Versus
The Executive Engineer and Administrative Officer, Salem Housing Unit, Salem & Another – Respondent


Advocates:
M.A.Sadanand, for Appellant.

Judgment :-

K.A. Swami, C.J.

This Letters Patent Appeal is preferred against the Order dated 27th March, 1996 passed by the learned single Judge in Contempt Application No.1 of 1996.

2. The learned single Judge has recorded a categorical finding that the complainant-appellant herein has failed to prove that the respondents have committed any contempt. The learned single Judge has also found that the contempt application was not bona fide and the intention of the complainant was to coerce the officials concerned to make an allotment under the guise that they have disobeyed the order of the court. Under these circumstances, the learned Judge while dismissing the contempt application has awarded costs of Rs. 10,000 to be paid to each of the respondents.

3. The question for consideration is as to whether this appeal is maintainable under Clause 15 of the Letters Patent. It is contended before us that as the order affects the appellant very much and it is a judgment, the appeal is maintainable as per Clause 15 of the Letters Patent. It may be pointed out here that in support of the contention, the learned counsel has placed reliance on a decision of the Full Bench of this Court in Vidya




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