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TMI Blog2019 (2) TMI 1547X X X X Extracts X X X X X X X X Extracts X X X X ..... site for measuring the machinery once again. This Court has, however, felt it sufficient for the authorities to give one more opportunity to the petitioner to put forward its defense. The authorities, as seen from Ext.P11, did put the petitioner on notice twice, received its defense and then ruled on it eventually. Because of this Court's disinclination in the earlier writ petition to grant what the petitioner then sought-and now reiterates-seeks, the issue stands barred by constructive resjudicata. The petitioner may exhaust, if advised, the statutory appellate remedy available for it - Petition disposed off. - WP(C). No. 4318 of 2019 - - - Dated:- 13-2-2019 - MR DAMA SESHADRI NAIDU, J. For The Petitioners : ADVS. SRI. P. N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... were present there. He has also contended that despite repeated requests by the petitioner, the authorities have not chosen to revisit the site, to provide one more opportunity to the petitioner. Had he been provided an opportunity, he would have vindicated his stand about the nature of the machinery installed at the site. Therefore, the learned counsel urges this Court to set aside the Ext. P11 and remand the matter to the authorities, with a direction that the intelligence officer should revisit the site and measure the machinery in the presence of the petitioner's representatives. 5. In response, the learned Government Pleader, with equal vehimence, contends that the authorities have followed the procedure to perfection. According ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ands barred by constructive resjudicata. 10. Besides that, Ext. P11 amply demonstrates that the petitioner has never been denied any opportunity of hearing; on the contrary, the authorities have followed the judgment dated 16.01.2017 in WP(C) No. 1395/2017 in letter and spirit. 11. Under these circumstances, I hold that the petitioner may exhaust, if advised, the statutory appellate remedy available for it. Any observation in this judgment will not affect the petitioner's rights to agitate the issue afresh before the appellate authority concerned. As the petitioner has been bonefide pursuing this writ petition till now, he may file the statutory appeal in one months' time from today. Until then the authority will defer coerc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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