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2015 (4) TMI 923 - MADRAS HIGH COURT

2015 (4) TMI 923 - MADRAS HIGH COURT - TMI - Maintainability of petition - Alternate remedy - Held that:- When an alternative remedy is available, more particularly, in the cases of fiscal nature, invoking of the jurisdiction under Article 226 of the Constitution of India, is not permissible. In fact this Court on 03.02.2015 after referring to the above decisions has dismissed a writ petition in [2015 (2) TMI 437 - MADRAS HIGH COURT] on the very same ground and in [2015 (2) TMI 429 - MADRAS HIGH .....

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ion, the petitioner has got a right of statutory appeal before the Commissioner (Appeals). 3. This Court has already taken a consistent view that when a statutory right of appeal is available in fiscal matters, the order in original cannot be challenged by filing the writ petition especially under the circumstances when such an order came to be passed by the competent authority. 4. The petitioner filed this writ petition by raising by very many grounds on merits of the matter. However, this Cour .....

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