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2018 (7) TMI 1851 - KERALA HIGH COURTMaintainability of petition - principles of natural justice - Department disputes the nature of the substance imported - Held that:- This Court, under Article 226 of the Constitution of India, will not adjudicate on disputed questions of fact. But the petitioner's grievance remains that he had no opportunity of hearing before the 2nd respondent passed Ext.P15 order. True, the order refers to hearing the petitioner. In reply, Sri Mathew explains it away: the petitioner's representative was incidentally present when the matter was taken up. The representative’s presence, however, cannot be a substitute to procedural safeguard provided in the Act. The petitioner ought to have asked to show cause. Petition disposed off setting aside Ext.P15. Consequently, 2nd respondent will issue a notice within one week to the petitioner and, then, the petitioner may submit its reply. Eventually, the 2nd respondent will consider the issue within one week after his receiving the petitioner’s reply.
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