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2022 (1) TMI 405 - MADRAS HIGH COURTSeeking release of detained goods - it is contended that the relief is to be extended for the purpose of directing the respondents 1 and 2 to initiate action against the respondents 3 and 4 - HELD THAT:- This Court is of the considered opinion that disputed facts can never be adjudicated in a writ proceedings under Article 226 of the Constitution of India. Such disputed issues are to be adjudicated with reference to the original documents and evidences which all are to be scrutinized by the authorities competent and by the parties concerned. This apart, the terms and conditions of the contract, if any violations thereon, are to be adjudicated by conducting a trial before the appropriate forum and such an exercise is impermissible in writ proceedings. The High Court cannot conduct a rowing enquiry based on the affidavits filed by the parties in a Writ Petition. This being the principles to be followed, the extended prayer sought for by the petitioner by filing an amendment petition deserves no merit consideration and further relief, if any requires, the petitioner has to approach the competent forum for adjudication. However, the fact remains that the original relief sought for in the Writ Petition had been granted in favour of the writ petitioner and 100% goods were released and the detention certificate was also issued. This Court is of the considered opinion that the cause arose for filing of the present Writ Petition did not exist and the amendment sought for is beyond the scope of the original relief sought for in the Writ Petition, as admittedly, the original relief sought for had been granted by the respondents - the writ petitioner is at liberty to pursue his remedy before the appropriate forum in the manner known to law, if any grievances exist. Petition dismissed.
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