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2018 (2) TMI 1079

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..... ther issues that the petitioner may raise. For this purpose, the petitioner has to necessarily submit their additional reply on the factual issues to enable the Authority to adjudicate the said show cause notices as a whole. The prayer sought for by the petitioners cannot be granted and that the petitioners should necessarily submit their additional reply to the said show cause notices, touching upon the merits of the matter and thereafter, it is for the respondent to decide the case - petition dismissed. - Writ Petition Nos.2570 to 2575 of 2018 & WMP.Nos.3166 to 3173 of 2018 - - - Dated:- 6-2-2018 - T. S. Sivagnanam, J. For Petitioners : Mr. B. Satish Sundar For Respondents : Mr. K. Ravi, SPC ORDER Mr.K.Ravi, learn .....

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..... ated 18.1.2018 fixing the date of personal hearing as 07.2.2018 i.e. tomorrow. Immediately thereafter, the petitioner sent their representation dated 18.1.2018 requesting time to get appropriate instructions from their client. At this juncture, the above writ petitions have been filed. 5. On a perusal of the reply dated 23.11.2017, this Court finds that in the reply, the petitioners have not touched upon the factual issues, but only dealt with only two issues as pointed out above. In any event, this Court cannot direct the respondent to decide the preliminary points in the first instance and pass a separate order and subject to that order, to proceed with the factual issues. Such an exercise is not mandated by the Statute especially whil .....

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..... ioners should necessarily submit their additional reply to the said show cause notices, touching upon the merits of the matter and thereafter, it is for the respondent to decide the case. 9. In the result, while holding that the prayer sought for by the petitioners to decide the preliminary issues first and pass a separate order stands rejected, the petitioner is directed to file their additional reply to the said show cause notices dated 04.11.2016 within a period of 30 days from the date of receipt of a copy of this order, covering all the points and issues on the merits of the matter. On receipt of the additional reply, the respondent shall fix a date for personal hearing, hear the authorized representative of the petitioners, adjudic .....

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