G.D.Subramaniam vs The Sub Registrar on 10 February, 2009
10. "Fraud avoids all judicial acts, ecclesiatical or temporal" observed Chief Justice Edward Coke of England about three centuries ago. Therefore, neither the Government nor the Courts of law can turn a deaf ear to the distress cries of the aggrieved and be blind to the alarming situation. The jurisdiction of this Court under Article 226 of the Constitution is undoubtedly wide. But, while exercising the same, as a matter of caution, the Courts have formulated self imposed restrictions on their powers so as to leave the parties to avail the alternative remedies. But when such alternative remedy, as in the instant case, is neither efficacious nor easy to secure without undue hardship and delay, the said self imposed restrictions cannot be an impediment for the Writ Court to exercise its jurisdiction in order to render substantial justice. The issues involved in the instant case need to have a deep approach of a socio-legal scientist to invent a solution acceptable to the society, particularly, the parties to this lis. (vide Whirlpool Corporation v. Registrar of Trade Marks, Mumbai and others). So, I hold that availability of alternative remedy,in the facts and circumstances enumerated above, is not a bar to entertain the instant writ petition.