Ernakulam Regional Cooperative Milk Producers Union Ltd. vs 2024 INSC 230 – Art. 226 Constitution – Alternative Remedy

Constitution of India, 1950; Article 226 -Powers of judicial review can always be exercised by a writ Court under Article 226 of the Constitution of India but wherever there are disputed questions of facts that need adjudication, it is best left to the competent forum to adjudicate the same by examining the evidence brought on record before any findings can be returned – If a party approaches the High court without availing of the alternative remedy provided under the statute, the High court ought not to interfere except in circumstances where the party makes out a strong case that there exist convincing grounds to invoke its extraordinary jurisdiction – When there is a hierarchy of appeals provided under the statue, a party ought to exhaust the statutory remedies before resorting to approaching a writ court – When the disputed questions of facts go to the very root of the matter, it requires evidence and its evaluation before the proper forum. (Para 15-21)

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