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TMI Blog2022 (11) TMI 1469X X X X Extracts X X X X X X X X Extracts X X X X ..... in an application under Section 83 of the Act, and the affidavit filed in support of the Writ Petition is also bereft of any details in that regard. This Court is not inclined to delve into the merits of the controversy involved in this case which touches upon disputed questions of fact for effectual and complete adjudication of the matter. The Writ Petition, which cannot be entertained, is dismissed. - THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU For the Petitioner : Mr. S.Subbiah, Senior Counsel for M/s. W.M. Abdul Majeed For the Respondent : Mr. C.Shankar (for R1 to R3), Mr. M.M.I. Khaleel (for R4) ORDER Heard Mr. S. Subbiah, Learned Senior Counsel appearing for the Petitioner, Mr. C. Shankar, Learned Counsel for the First to Third Re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... - 3. Article 226 is not meant to short-circuit or circumvent statutory procedures. It is only where statutory remedies are entirely ill-suited to meet the demands of extraordinary situations as for instance where the very vires of the statute is in question or where private or public wrongs are so inextricably mixed up and the prevention of public injury and the vindication of public justice require it that recourse may be had to Article 226 of the Constitution. But then the Court must have good and sufficient reason to by-pass the alternative remedy provided by statute. Surely matters involving the revenue where statutory remedies are available are not such matters. We can also take judicial notice of the fact that the vast majority of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dure for enforcing the right or liability, resort must be had to that particular statutory remedy before invoking the discretionary remedy under Article 226 of the Constitution. This rule of exhaustion of statutory remedies is a rule of policy, convenience and discretion. 27.6. In cases where there are disputed questions of fact, the High Court may decide to decline jurisdiction in a writ petition. However, if the High Court is objectively of the view that the nature of the controversy requires the exercise of its writ jurisdiction, such a view would not readily be interfered with. Learned Senior Counsel appearing for the Petitioner has not been able to demonstrate from the facts of this case as to how it would fall under any of the excepti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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