2020 (2) TMI 1624

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....d Mr. Justice R. Suresh Kumar, JJ. For the Appellant : Mr. V. Srikanth. For the Respondent : Mr. Mohammed Shaffiq, Special Government Pleader (T). JUDGMENT (Judgment of the Court was delivered by DR.VINEET KOTHARI, J.) This writ appeal is directed against the order passed by the learned Single Judge dated 08.08.2019 in W.P. No. 23350 of 2019, by which the learned Single Judge has di....

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....his Court reminds itself of the ratio of Hon'ble Supreme Court in Dunlop India case [Assistant Collector of Central Excise, Chandan Nagar, West Bengal vs. Dunlop India Ltd. and ors.] reported in (1985) 1 SCC 260 and the relevant paragraph is Paragraph 3 and the same reads as follows: '3. ..... Article 226 is not meant to short circuit or circumvent statutory procedures. It is only....

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....edings by one device or the other. This practice needs to be strongly discouraged. .............. ............. 16. Writ Petition is dismissed, albeit, preserving the rights of the writ petitioner qua the alternate remedy i.e., statutory appeal. Though obvious, for the purpose of abundant clarity, it is set out that all questions are left open to be canvassed before the ....

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....We are satisfied that in the present case the appellant could avail the effective alternative remedy. The Writ Appeal is disposed of by relegating the matter back to the appellate authority. If such appeal is preferred within four weeks from today, the appellate authority shall not raise any objections on the ground of limitation subject to fulfilment of all other usual conditions for entertaining....