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2016 (12) TMI 1732

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..... to deliberately refuse the registered cover and then claim benefit of the deeming provision. This Court is unable to countenance such a contention - This Court does not find any reason to entertain the writ petition - petition dismissed. - W.P.(C) No. 15530 of 2016 (M) - - - Dated:- 17-12-2016 - K. VINOD CHANDRAN, J. JUDGMENT The petitioner was aggrieved with the non consideration of .....

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..... a stay as per Ext.P28. The petitioner, hence, submits that he could conduct the crusher by bringing raw materials from outside and he may be permitted to carry on the said unit under a deemed license. 3. The respondent Panchayat has filed a detailed statement producing certain documents, which indicate that the petitioner is not entitled to claim the benefit of the deeming provision. A decision .....

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..... ned to Sender'. There is no contention that there is another Unit by name 'AOne Sands Pvt. Ltd.' in the locality. It is also pertinent that the petitioner has produced an order of stay, in an appeal moved before the Tribunal as Ext.P28 by a similarly situated person. In such circumstance, the attempt of the petitioner was to deliberately refuse the registered cover and then claim benef .....

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..... e petitioner would be entitled to avail of the alternate remedy, but, however, subject to laws of limitation. The period of pendency of a proceeding initiated before a wrong forum, as saved under Section 14 of the Limitation Act, is only of a bona fide proceeding. This cannot be availed of by the petitioner, since the petitioner has purposefully refused a communication addressed to him and attempt .....

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