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2021 (1) TMI 254

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..... THAT:- When the procedure required under the said provision has been apparently followed, an interference under Article 226 is not warranted. The legislative scheme discernible from Section 129 of the Act contemplates compliance of natural justice. Since after detention, Ext.P6 notice was issued and an order was passed after giving an opportunity of being heard, this Court is prima facie of the vi .....

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..... 9172 OF 2020(V) - - - Dated:- 5-1-2021 - Honourable Mr. Justice Bechu Kurian Thomas For the Petitioner : By Advs. Sri. A. Kumar, Sri. P. J. Anilkumar, SMTG.Mini(1748), Sri. P. S. Sree Prasad, Shri. Job Abraham For the Respondent : By Government Pleader C K Govindan SPL GP Taxes JUDGMENT Petitioner challenges Exts.P5, P6 and P8. Ext.P8 is an order issued by the respondent under .....

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..... by this Court and decisions awaited. Coming to the facts of this case, it was contended that, the respondent while passing Ext.P8, had not taken into reckoning the objections filed by the petitioner and instead, acted mechanically, without even any reference in Annexure-III of Ext.P8, about the various contentions raised by him. According to the learned counsel, the order impugned is not a reasone .....

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..... Section 129 of the Act contemplates compliance of natural justice. Since after detention, Ext.P6 notice was issued and an order was passed after giving an opportunity of being heard, this Court is prima facie of the view that this is not a fit case to invoke Article 226 of the Constitution of India. In such circumstances, it is ideal to relegate the petitioner to the appellate remedy available un .....

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