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TMI Blog2022 (4) TMI 761X X X X Extracts X X X X X X X X Extracts X X X X ..... rit proceedings under Article 226 of the Constitution of India, as every Writ Petition is filed based on one or the other ground stating that the principles of natural justice is violated or statutory requirements are not complied with or there is an illegality or otherwise. Thus, dispensing with an appellate remedy is to be granted cautiously in view of the fact that the very purpose and object of legislation providing an appellate remedy cannot be diluted nor the benefit be denied to the aggrieved person to exhaust the same. The power of judicial review of the High Court under Article 226 of the Constitution of India is to scrutinize the processes through which a decision is taken by the competent authority by following the procedures ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der the same without reference to the delay in filing and dispose of the appeal on merits and in accordance with law and by affording opportunity to the writ petitioner - Petition disposed off. - W.P. No. 2701 of 2017 - - - Dated:- 11-8-2021 - S.M. Subramaniam, J. Shri R. Anish Kumar, for the Petitioner. Shri A.P. Srinivas, Senior Standing Counsel, for the Respondent. ORDER The order-in-original dated 11-11-2016 passed by the respondent is under challenge in the present writ petition. 2. The Preamble of the impugned order dated 11-11-2016 states that any person deeming himself aggrieved by this order may appeal against the same to the Commissioner (Appeals) at 121, Utthamar Gandhi Salai, Chennai - 34. 3. The p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... injustice warranting urgent relief to be granted. Mere violation of principles of natural justice is insufficient to entertain a writ proceedings under Article 226 of the Constitution of India, as every Writ Petition is filed based on one or the other ground stating that the principles of natural justice is violated or statutory requirements are not complied with or there is an illegality or otherwise. Thus, dispensing with an appellate remedy is to be granted cautiously in view of the fact that the very purpose and object of legislation providing an appellate remedy cannot be diluted nor the benefit be denied to the aggrieved person to exhaust the same. The statutory appellate authorities are the final fact finding authorities. Thus, the f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ice to the parties approaching the Court of law. 7. The point of delay may be an acceptable ground for the purpose of entertaining a Writ Petition. The practise of filing the Writ Petition without exhausting the statutory remedies are in ascending mode and such Writ Petitions are filed with a view to avoid pre-deposits to be made in statutory appeals and on the ground that the appellate remedies are time consuming. 8. In view of the facts and circumstances, the petitioner is at liberty to prefer an appeal before the competent authority within a period of four weeks from the date of receipt of a copy of this order in a prescribed format and in the event of receiving any such appeal, the Appellate authority shall consider the same witho ..... X X X X Extracts X X X X X X X X Extracts X X X X
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