plaintiff has straightaway come to Court without exhausting his remedies under the Act - not barred.

Citation

1980(II) MLJ 140

 (Shanmugha Nadar Vs. The Corporation of Madurai by its Commissioner). 

The exact observation in the said dictum for the purpose of deciding the case on hand is as follows:-

"It was suggested that the plaintiff has straightaway come to Court without exhausting his remedies under the Act. I do not find anything in the proviso to Section 495(1) to show that a suit without exhausting the so called statutory remedies will be barred.