TMI Blog2017 (7) TMI 1167X X X X Extracts X X X X X X X X Extracts X X X X ..... itions for maintaining an appeal before the Tribunal, in the writ petition, there was no challenge against such statutory prescriptions. In the absence of any such challenge, the appellant cannot set up any plea with respect to the onerous nature of the statutory preconditions to maintain an appeal and is bound to comply with those conditions. In such circumstances, this Court also cannot relax su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7 - - - Dated:- 5-7-2017 - Mr. Antony Dominic And Mr. Dama Seshadri Naidu JJ. For the Petitioner : Sri. Bechu Kurian Thomas (SR.) Sri. Manu Tom Cheruvally For the Respondent : Sri. Sreelal N. Warrier, SC JUDGM NT Antony Dominic, J. Heard learned Senior Counsel for the appellant and the learned Standing Counsel appearing for the respondent. 2. This appeal arises fro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... maintain a writ petition, by-passing the statutory alternative remedy. 4. Having considered the submissions made, we are unable to accept both the aforesaid contentions. Although, admittedly, the Statute contains conditions for maintaining an appeal before the Tribunal, in the writ petition, there was no challenge against such statutory prescriptions. In the absence of any such challenge, the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s been complied with. In such a case, only on a factual adjudication of the contentions of the appellant, a decision on his plea of violation of principles of natural justice can be taken. Such an adjudication is possible only by a statutory fact finding forum, before which appeal is to be preferred. Therefore, we do not find any merit in the contentions now raised before us and consequently, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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