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2023 (6) TMI 659 - KERALA HIGH COURTMaintainability of petition - availability of statutory appellate remedy against the order of confiscation - perishable nature of the commodity that has been confiscated - HELD THAT:- While it is no doubt well settled that the extraordinary jurisdiction of this Court under Article 226 can be exercised in particular cases notwithstanding the existence of an alternate remedy provided under the statute, the conduct of the appellant in the instant case does not warrant the exercise of the extraordinary jurisdiction of this court. We cannot lose sight of the fact that the appellant had earlier approached this Court through a Writ Petition impugning the confiscation order and the said Writ Petition was eventually disposed by relegating the appellant to his alternate remedy of pursuing the appellate remedies under the statute - Having proceeded down that route, the appellant cannot now approach this Court aggrieved by the order of the First Appellate Authority, and prudence would require that this Court refrain from interfering with such appellate orders passed by the authorities in the hierarchy of appeals provided under the statute. It cannot be accepted that the Appellate Tribunal is not an efficacious alternate forum for redressal of his grievances. There are no reason to interfere with the impugned judgment of the learned Single Judge - appeal dismissed.
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