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K.Natarajan vs The Commissioner
2021 Latest Caselaw 11898 Mad

Citation : 2021 Latest Caselaw 11898 Mad
Judgement Date : 17 June, 2021

Madras High Court
K.Natarajan vs The Commissioner on 17 June, 2021
                                                                              Crl.R.C.No.1046 of 2015

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 17.06.2021

                                                          CORAM:

                              THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN

                                                Crl.R.C.No.1046 of 2015

                     K.Natarajan                                       ... Petitioner
                                                              Vs.
                     The Commissioner,
                     Tambaram Municipality,
                     Tambaram, Madras – 45.                            ... Respondent


                     PRAYER: This Criminal Revision Petition has been filed under
                     Section 397 read with Section 401 of Cr.P.C, to call for the records
                     in Crl.M.P.No.6995 of 2014 on the file of the learned Judicial
                     Magistrate, Tambaram, Kancheepuram District, dated 16.07.2015
                     and revise and set aside the same.


                                    For Petitioner        : No appearance
                                    For Respondent        : Mr.R.Vinoth Raja
                                                                Government Advocate


                                                  JUDGMENT

(This case has been heard through video conference)

This Criminal Revision Case has been filed by the revision

petitioner to challenge the order of dismissal passed in

Crl.M.P.No.6995 of 2014, by the learned Judicial Magistrate,

Tambaram, dated 16.07.2015.

https://www.mhc.tn.gov.in/judis/ Crl.R.C.No.1046 of 2015

2.Brief facts of the case:

The revision petitioner has filed a petition in

Crl.M.P.No.6995 of 2014, before the learned Judicial Magistrate,

Tambaram, for registration of death of his grand father viz.,

Madhurai Naicker within the jurisdiction of Tambaram Municipality.

Thereafter, Tambaram Municipality had filed a statement and report

before the Judicial Magistrate by stating that they are unable to

confirm the death of the revision petitioner's grand father took place

within the jurisdiction of Tambaram Municipality and recording so,

by an order dated 16.07.2015, the learned Judicial Magistrate,

Tambaram, has dismissed the petition with a liberty to file a petition

before the proper jurisdiction. Aggrieved against the same, the

revision petitioner has filed this Criminal Revision Case before this

Court.

3.Heard Mr.R.Vinoth Raja, learned Government Advocate

(Crl.Side) appearing for the respondent and perused the materials

placed on record. No representation for the petitioner.

4.The learned Government Advocate (Crl.Side) appearing

for the respondent would submit that the Tambaram Municipality is

https://www.mhc.tn.gov.in/judis/ Crl.R.C.No.1046 of 2015

maintaining the death register from the year 1967 only. Whereas,

the relief sought for by the revision petitioner is for the year 1936.

5.Taking into consideration the above facts and

circumstances of the case and submissions made by the learned

Government Advocate (Crl.Side), this Court finds that the learned

Judicial Magistrate has clearly given liberty to file the petition before

the proper jurisdiction and that there is no error of jurisdiction.

Accordingly, this Criminal Revision Case stands dismissed and the

order passed in Crl.M.P.No.6995 of 2014, by the learned Judicial

Magistrate, Tambaram, dated 16.07.2015, is hereby confirmed.



                                                                                   17.06.2021
                     Index    : Yes/No
                     Internet : Yes/No
                     dua

                     To

1.The Judicial Magistrate, Tambaram, Kancheepuram District.

2.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ Crl.R.C.No.1046 of 2015

RMT.TEEKAA RAMAN. J.

dua

Crl.R.C.No.1046 of 2015

17.06.2021

https://www.mhc.tn.gov.in/judis/

 
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