TMI Blog2018 (9) TMI 889X X X X Extracts X X X X X X X X Extracts X X X X ..... This Court is of a strong opinion that institutional respects are to be maintained by the constitutional Courts also. Whenever there is a provision of appeal under the statute, without exhausting the remedies available under the statute, no writ petition can be entertained in a routine manner. Only on exceptional circumstances, the remedy of appeal can be waived, if there is a gross injustice or if there is a violation of fundamental rights ensured under the Constitution of India. The writ petitioner is at liberty to submit an appeal before the Appellate Authority under the provisions of “the TNVAT Act” and in the event of submitting an appeal, the Appellate Authority has to adjudicate the same on merits and in accordance with law - peti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed. Even without furnishing the required documents, the impugned order has been passed. Therefore, the action of the respondents are in violation of the principles of natural justice. Under these circumstances, the writ petitioner is constrained to move the present writ petitions. 5.The learned counsel appearing for the writ petitioner further states that in the earlier writ petition, this Court has issued certain guidelines to be followed by the Regional authority. However, the said guidelines are now the subject matter of a review petition pending before this Court. 6.The learned counsel appearing on behalf of the respondent opposed the contention by stating that certain guidelines are given in respect of certain circumstances, whic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... merits and pass appropriate orders by considering the grounds raised by the writ petitioner. Under these circumstances, the constitutional Courts cannot dispense with the provision of appeal in a routine manner. 8.When an effective alternative remedy is available, a writ petition cannot be maintained 1. In City and Industrial Development Corporation v. DosuAardeshirBhiwandiwala and Ors. MANU/SC/8250/2008 : (2009) 1 SCC 168, this Court had observed that: The Court while exercising its jurisdiction under Article 226 is dutybound to consider whether: (a) adjudication of writ petition involves any complex and disputed questions of facts and whether they can be satisfactorily resolved; (b) the petition reveals al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t entertain a petition Under Article 226 of the Constitution if an effective alternative remedy is available to the aggrieved person or the statute under which the action complained of has been taken itself contains a mechanism for redressal of grievance still holds the field. Therefore, when a statutory forum is created by law for redressal of grievances, a writ petition should not be entertained ignoring the statutory dispensation. 4. Authorized Officer, State Bank of Travancore and Ors. vs. Mathew K.C. (30.01.2018 - SC) : MANU/SC/0054/2018 The petitioner argued that the SARFAESI Act is a complete code by itself, providing for expeditious recovery of dues arising out of loans granted by financial institutions, the remedy ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as amended by the Constitution (42nd Amendment) Act, 1976, the power relating to alternative remedy has been considered to be a rule of self imposed limitation. It is essentially a rule of policy, convenience and discretion and never a rule of law. Despite the existence of an alternative remedy it is within the jurisdiction of discretion of the High Court to grant relief under Article 226 of the Constitution. At the same time, it cannot be lost sight of that though the matter relating to an alternative remedy has nothing to do with the jurisdiction of the case, normally the High Court should not interfere if there is an adequate efficacious alternative remedy. If somebody approaches the High Court without availing the alternative remed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is ultra vires, it is open to a party aggrieved thereby to move the High Court for quashing the proceedings on the ground that they are incompetent without a party being obliged to wait until those proceedings run their full course. Secondly, the doctrine has no application when the impugned order has been made in violation of the principles of natural justice. We may add that where the proceedings itself are an abuse of process of law the High Court in an appropriate case can entertain a writ petition. 9.This Court is of a strong opinion that institutional respects are to be maintained by the constitutional Courts also. Whenever there is a provision of appeal under the statute, without exhausting the remedies available under the statut ..... X X X X Extracts X X X X X X X X Extracts X X X X
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