2022 (11) TMI 1469

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....r. S.Subbiah, Senior Counsel for M/s. W.M. Abdul Majeed For the Respondent : Mr. C.Shankar (for R1 to R3), Mr. M.M.I. Khaleel (for R4) ORDER Heard Mr. S. Subbiah, Learned Senior Counsel appearing for the Petitioner, Mr. C. Shankar, Learned Counsel for the First to Third Respondents and Mr. M.M.I. Khaleel, Learned Counsel for the Fourth Respondent and perused the materials placed on record....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....tion for the determination of any dispute, question or other matter relating to a Waqf before the Waqf Tribunal. Instead of resorting to that alternative remedy provided under the statute, the Petitioner has filed this Writ Petition without any acceptable explanation for the same. 4. It must, at once, be emphasized that the Hon'ble Supreme Court of India in Assistant Collector of Central Ex....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ing the revenue where statutory remedies are available are not such matters. We can also take judicial notice of the fact that the vast majority of the petitions under Article 226 of the Constitution are filed solely for the purpose of obtaining interim orders and thereafter prolong the proceedings by one device or the other. The practice certainly needs to be strongly discouraged." The law has....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ples of natural justice; (c) the order or proceedings are wholly without jurisdiction; or (d) the vires of a legislation is challenged. 27.4. An alternate remedy by itself does not divest the High Court of its powers under Article 226 of the Constitution in an appropriate case though ordinarily, a writ petition should not be entertained when an efficacious alternate remedy is provided by ....