Madras High Court
R.Ganesan vs The Revenue Revision Divisional ... on 4 January, 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.01.2023
CORAM
THE HONOURABLE MR. JUSTICE G.ILANGOVAN
Crl.R.C.(MD).No.3 of 2023
R.Ganesan ... Petitioner
Vs.
1.The Revenue Revision Divisional Officer,
Revenue Divisional Office,
Melur,
Madurai District.
2.The Tahsildar,
Madurai East,
Madurai.
3.The Assistant Director,
Tamil Nadu Mines & Minerals,
Madurai District. ... Respondents
PRAYER: This Civil Revision Case is filed under Sections 397 r/w 401 of
the Criminal Procedure Code 1973, to call for the records relating to the
judgment dated 15.11.2022 made in Crl.M.P.No.3526 of 2022 on the file of
Judicial Magistrate, Melur and set aside the same and to direct the learned
Magistrate Court, Melur to grant interim custody of RC book of the
petitioner's vehicle bearing registration No.TN 59 AU 3306.
1/5
https://www.mhc.tn.gov.in/judis
For Petitioner : Mr.K.Muthu Ganesa Bandian
For Respondents : Mr.R.Suresh Kumar
Government Advocate (Crl. Side)
ORDER
This Criminal Revision Case has been filed to call for the records
relating to the judgment dated 15.11.2022 made in Crl.M.P.No.3526 of 2022
on the file of Judicial Magistrate, Melur and set aside the same and to direct
the learned Magistrate Court, Melur to grant interim custody of RC book of
the petitioner's vehicle bearing registration No.TN 59 AU 3306.
2. The learned counsel for the petitioner submitted that sofar no FIR
and no complaint has been registered against this petitioner before any
authority or Court, even then, the Original RC book is still under the
custody of the learned Judicial Magistrate, Melur. He further stated that he
has also filed W.A(MD).No.948 of 2019 and the same was allowed on
19.09.2019, wherein a direction was issued to the concerned authority to
unload the sand, which has been loaded into the lorry and thereafter produce
the vehicle before the learned Judicial Magistrate Court, Melur.
3. In pursuance of the above said order, the above said vehicle was
handed over to the learned Judicial Magistrate and the petitioner has also
https://www.mhc.tn.gov.in/judis
filed a petition for interim custody of the vehicle and the same was allowed.
At that time, he has deposited the original RC book and the same was
periodically returned to the petitioner for getting fitness certificate. Liberty
also granted to the respondent to register appropriate civil or criminal
proceedings against the petitioner in W.A(MD).No.948 of 2019. After lapse
of two years, no such action has been taken by the respondent police.
4. Heard the learned Government Advocate(Crl.side) and also perused
the materials available on record.
5. Considering the facts and the circumstances of the case, the order
passed in Crl.M.P.No.3526 of 2022 dated 15.11.2022 on the file of the
Judicial Magistrate, Melur, is set aside. This Court directs the learned
Judicial Magistrate to return the original RC book to the revision petitioner,
on condition that the revision petitioner shall redeposit the same after
completing the formalities. Copy of the original RC book shall retained by
the concerned Court.
With the above directions, this Criminal Revision Case is allowed.
05.01.2023
Index : Yes / No
Internet : Yes / No
tta
https://www.mhc.tn.gov.in/judis
To,
1.The Revenue Revision Divisional Officer,
Revenue Divisional Office,
Melur,
Madurai District.
2.The Tahsildar,
Madurai East,
Madurai.
3.The Assistant Director,
Tamil Nadu Mines & Minerals,
Madurai District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
G.ILANGOVAN,J.
tta
Crl.R.C.(MD).No.3 of 2023
05.01.2023
https://www.mhc.tn.gov.in/judis
