In W.P. Nos. 16075 of 2023 -MADR HC- Madras High Court dismisses writ petition filed by Tvl. Sri Maharaja Industries against Assistant Commissioner (ST), holds sufficient opportunity given to petitioner
Justice R. N. Manjula [24-05-2023]

Read Order: Tvl. Sri Maharaja Industries v. The Assistant Commissioner (ST) (FAC)

Chahat Varma

New Delhi, June 8, 2023: The Madras High Court has dismissed the writ petition filed by Tvl. Sri Maharaja Industries against the Assistant Commissioner (ST), holding that this was not a fit case which should be considered for lack of opportunity in compliance of the principles of natural justice, as sufficient opportunity was given to the petitioner.

These present writ petitions were filed seeking to call for the records on the file of the Assistant Commissioner (ST) and quash the same as being contrary to the principles of natural justice, without jurisdiction and authority of law. The only grievance of the petitioner was that principle of natural justice was not followed before passing the impugned order and no opportunity of personal hearing was granted.

The single judge bench of Justice R. N. Manjula noted that in the impugned order dated 02.12.2022, the notice had been given to the petitioner and the petitioner had also submitted his reply and thereafter enquiry had been conducted. The request of the dealer was seen to be not capable for consideration and that finding was recorded after considering the materials produced by the petitioner.

The court also stated that even if the petitioner was aggrieved by any omission committed by the respondent authority, there was an alternative remedy available to challenge the impugned orders through revision/appeal before the competent authority.