TMI Blog2015 (11) TMI 1633X X X X Extracts X X X X X X X X Extracts X X X X ..... of matters, the party should exhaust all the available alternative remedies before resorting to file a Writ Petition before this Court. Reliance placed in the decision of the case of M/s. Sesa Sterlite Ltd. Versus The Union of India and others [2015 (2) TMI 429 - MADRAS HIGH COURT], where it was held that writ is not proper remedy, when the alternative remedy by way of filing an appeal is available to the petitioner therein. Petition dismissed only on the ground that there is an effective alternative remedy of appeal is available to the petitioner - decided against petitioner. - W.P. (MD) No. 20211 of 2015 and M.P. No. 1 of 2015 - - - Dated:- 6-11-2015 - K. Ravichandrabaabu, J. T. Bashiyam for the petitioner R. Karthikey ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .2015, they cannot expect the authority concerned once again to afford personal hearing. Therefore, the contention of the learned counsel appearing for the petitioner is totally unsustainable. 5. The decision of the learned Single Judge of this Court, relied on by the learned counsel appearing for the petitioner, referred to supra, would also show that the facts are totally distinguishable, as it is seen from the said decision that the petitioner therein informed the Commercial Tax Officer through their letters dated 27.02.2015 and 06.04.2015 that an opportunity of personal hearing may be given to them, if the said official is not satisfied with their reply. Therefore, this Court found that the matter had to go back to the original autho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al, South Regional Bench, Madras and others. 3) (2010)8 SCC 110 (United Bank of India vs. Satyawati Tondon and others. 4) 2010(259) ELT 37 (Mad) DB (Maritime Collector vs. Madura Coats Limited) 5) (2010)4 SCC 554 (Rajeev kumar and another vs. Hemraj Singh Chauhan and others) 6. The very same view was already taken by me in W.P(MD)No. 1409 of 2015 dated 05.02.2015 to dismiss the same by following the above said decisions on the ground that the writ is not proper remedy, when the alternative remedy by way of filing an appeal is available to the petitioner therein. It is not that the petitioner herein was not put on notice by the authority, who passed the order of assessment or that he is not having the jurisdiction. On the o ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
