9911796707
TMI Blog2021 (7) TMI 987X X X X Extracts X X X X X X X X Extracts X X X X ..... that it the specific case of the petitioner that E-mail dated 03-03-2021 fixing the date of hearing on 25-03-2021 had not come to the notice of any of the office bearers of the petitioner, it is only appropriate such opportunity is extended to the petitioner. It is settled law that when an order is passed in violation of the principles of natural justice the availability of an alternative remedy is not a bar for exercise of the jurisdiction under Article 226 of the Constitution of India - the respondent shall adjudicate Ext.P7 show cause notice afresh within a period of one month from the date of receipt of a certified copy of this judgment. Petition disposed off. - WP(C) NO. 11527 OF 2021 - - - Dated:- 11-6-2021 - HONOURABLE MR. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e hearing would be on 25-03-2021. On 25-03-2021, the petitioner did not appear before the respondent and the matter was adjudicated ex-parte, in the absence of the petitioner. 2. I have heard Sri. Jaju Babu, the learned Senior Counsel appearing on the instructions of Sri. Brijesh Mohan, the learned Counsel appearing for the petitioner and Sri. Dennis Varghese, the learned Standing Counsel appearing for the respondent. 3. The learned Senior counsel would submit that due to COVID-19 lock down, the club was closed from March 2020 to December 2020. He also submits that there was a substantial increase in the number of persons infected during February-March of 2021 and that Maharashtra and Kerala accounted for nearby 70% of the COVID cases ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de citing the COVID-19 pandemic and considering the fact that it the specific case of the petitioner that E-mail dated 03-03-2021 fixing the date of hearing on 25-03-2021 had not come to the notice of any of the office bearers of the petitioner, it is only appropriate such opportunity is extended to the petitioner. In such a situation, one cannot forget the classic statement of the law by Megarry.J in John v. Rees (as referred to in S.L. Kapoor v. Jagmohan, (1980) 4 SCC 379 at page 392) It may be that there are some who would decry the importance which the courts attach to the observance of the rules of natural justice. When something is obvious , they may say, why force everybody to go through the tiresome waste of time involved ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
