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2016 (10) TMI 262 - MADRAS HIGH COURTMaintainability - alternative remedy of appeal - invocation with the jurisdiction of the court under Article 226 of the Constitution of India - Held that: - the decision in the case of Nivaram Pharma Private Limited vs. The Customs Excise and Gold (Control), Appellate Tribunal, South Regional Bench Madras and Ors [2005 (3) TMI 160 - MADRAS HIGH COURT] relied upon where it was held that when an alternative and equally efficacious remedy is open to a litigant, he should be required to pursue that remedy and not invoke the special jurisdiction of the High Court to issue a prerogative Writ. It will be a sound exercise of discretion to refuse to interfere in a petition under Article 226 of the Constitution, unless there are good grounds to do otherwise. Principles of natural justice - cross examination of certain officers and persons in an enquiry - Held that: - the decision in the case of Thilagarathinam Match Works Vs. Commissioner of Central Excise, Tirunelveli [2013 (11) TMI 535 - MADRAS HIGH COURT] relied upon where the officer, who submitted the test report was not examined by the Department nor he is a witness nor any statement has been recorded from him. In fact, the report can be treated as a public record and the contents of the report are a proof to themselves. In such circumstances, the petitioner cannot seek for cross examination of the officer, who gave the report - the contention raised by the petitioner that they have to be permitted to cross examine the Chemical Examiner of the Central Laboratory is a misconceived plea - rejection of request of cross examination of the petitioner upheld. Appellant entitled to appeal - petition dismissed - decided against petitioner.
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