V.Raja, v. The General Manager,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MR.JUSTICE P.VELMURUGAN Writ Appeal (MD).No.389 of 2013 against WP(MD)No.4030 of 2013 and M.P.(MD).No.1 of 2013 V.Raja ... Appellant/Petitioner Vs.

1. The General Manager, Reserve Bank of India, Kamarajar Salai, Chennai.

2. The Manager, Shri Ram Transport Finance Company Limited, Sri Alagar Plaza, 1st Floor, GST Road, Thirunagar, Madurai-6. ... Respondents/Respondents Prayer: Writ Appeal is filed under Clause 15 of the Letters Patent against the order passed by this Court in W.P.(MD).No.4030 of 2013 dated 26.03.2013.

Prayer in WP(MD)No.4030/2013:- Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus , directing the 1st Respondent to issue necessary direction to the 2nd Respondent for returning back the R.C Book , Permit and Insurance Policy pertaining to the petitioner's vehicle bearing Registration NO.TN-59AH-5602, based on the petitioner s representation dated 15.10.2012 made to the 1st Respondent and pass such further or other orders.

For Appellant : Mr.K.Kannan For R2 : Mr.Anand C.Rajesh

J U D G M E N T

(Judgment of the Court was made by T.S.SIVAGNANAM,J.) https://hcservices.ecourts.gov.in/hcservices/ This writ appeal has been filed challenging the order dated 26.03.2013 passed by this Court in W.P.(MD).No.4030 of 2013.

2. The appellant has filed the writ petition seeking for a direction to the Reserve Bank of India to issue necessary direction to the second respondent Finance Company to return back the R.C.Book, Permit and Insurance Policy in respect of the vehicle bearing Registration No.TN 59AH 5602. The writ petition was dismissed by an order dated 26.03.2013, stating that there is a disputed question of fact whether the second respondent is in possession of the documents.

3. While we agree with the view expressed by the learned single Judge, we hold that the writ petition itself is not maintainable as it is directed against the second respondent which is a private Finance Company by merely impleading the Reserve Bank of India, the first respondent, the appellant cannot invoke writ jurisdiction. Hence, the writ appeal is dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(RTI) /True Copy/ Sub-Assistant Registrar To The General Manager, Reserve Bank of India, Kamarajar Salai, Chennai.

+One cc to Mr.K.Kannan, Advocate, SR.No.16730 +One cc to Mr.Ananth C.Rajesh, Advocate, SR.No.16883 akv RL/4C/2P/MR/SAR3/5.4.2017 Writ Appeal (MD).No.389 of 2013 against WP(MD)No.4030 of 2013 and M.P.(MD).No.1 of 2013 21.03.2017 https://hcservices.ecourts.gov.in/hcservices/