Dr.N.S.Maanoj v. Director General Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.02.2025 CORAM :
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.4591 of 2025 and W.M.P.No.5117 of 2025 N.S.Maanoj ... Petitioner Vs.
1.Director General of Police, Mylapore, chennai - 600 004.
2.Commissioner of Police, Salem District.
3.Superintendent of Police, Salem, Salem District.
4.Inspector of Police (Traffic), Mettur Police Station, Salem District.
5.Inspector of Police (Crime), Mettur Police Station, Salem District.
... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Certiorarified Mandamus calling for the records of the impugned infringement report dated 08.04.2024 vide Challan No.TN 113355240408151131 issued by the 4th and 5th respondent and quash the same and direct the 5th respondent to consider the complaint of the petitioner dated 06.05.2024 acknowledged in Reference No.HRD24197734 Page No.1 of 7
and to seize the unknown vehicle which is found in the image captured in the infringement report dated 08.04.2024 with registration No.TN 24 D3555 belonging to the petitioner vehicle and to take action against the concerned person who is driving the unknown vehicle with fake number plate with registration number of the petitioner vehicle. For Petitioner : Mr.V.Rameshvel For Respondents : Mr.S.Santhosh, Government Advocate (Crl.Side)
O R D E R
The petitioner has filed this petition to call for the records of the impugned infringement report dated 08.04.2024 vide Challan No.TN 113355240408151131 issued by the 4th and 5th respondent and quash the same and direct ht 5th respondent to consider the complaint of the petitioner dated 06.05.2024 acknowledged in Reference No.HRD24197734 and to seize the unknown vehicle which is found in the image captured in the infringement report dated 08.04.2024 with registration No.TN 24 D3555 belonging to the petitioner vehicle and to take action against the concerned person who is driving the unknown vehicle with fake number plate with registration number of the petitioner vehicle. Page No.2 of 7
2. Since no adverse order has been passed, this writ petition is taken up for final hearing.
3. The case of the petitioner is that the petitioner is the owner of the Two Wheeler of Royal Enfield Thunder Bird with Registration No.TN24D3555 registered on 15.4.2008. In order to renew the registration certification the petitioner approached the regional transport office and he was informed to pay 5 pending challans on the vehicle for traffic violation on various places in Tamil Nadu. But, the petitioner has not used his bulled in Tamil Nadu on the said dates. However, he paid the said amount on 05.04.2023 for clearance and renewed his registration certificate. Thereafter, the petitioner gave E-Mail Complaint before the first respondent on the same day (i.e.) 05.04.2023 to take action for the false charges laid against the petitioner.
3.1. Thereafter, on 08.04.2024, the petitioner received online Page No.3 of 7
infringement report from Mettur Police Station in Challan No. TN113355240408151131 alleging traffic violation to the tune of Rs.3000/- on various heads with the image captured of vehicle. The vehicle found in the image captured in the infringement report is not belongs to petitioner and the respondents without verification of the Registration certificate, Driving License and Chassis Number has mechanically sent infringement report to the petitioner for the violation committed by some other unknown person with fake registration number. The petitioner gave a E-Mail complaint to the respondents 2 & 3 on 09.04.2024 vide Complaint ID.No. HED24157719 and another representation dated 06.05.2024 vide Reference No. HRD2417734 to the fifth respondent. However, the same was not considered. Hence, the petitioner has come forward with the present writ petition.
4. Though very many grounds have been raised in this writ petition, learned counsel for the petitioner submitted that, it would suffice if this Court issues direction to the fifth respondent to consider the petitioner's complaint dated 06.05.2024 and pass appropriate orders on merits and in accordance with law, within a particular time frame stipulated by this Court. Page No.4 of 7
5. Learned Government Advocate (Crl.side) appearing for the respondents submitted that the Registration Number of the petitioner's vehicle was used by some unknown person in unknown vehicle i.e., Hero Honda Shine, whereas the two wheeler owned by the petitioner is Royal Enfield Thunderbird. He further submitted that the Inspector of Police/fifth respondent has already written a letter to the Superintendent of Police, Salem Rural/third respondent to remove the challan and seeks one week time to consider the petitioner's complaint dated 06.05.2024.
6. Heard the learned counsel on either side and perused the materials placed on record.
7. Considering the submission made by the learned Government Advocate (Crl.side) appearing for the respondents, the fifth respondent is directed to consider the petitioner's complaint dated 06.05.2024 and pass appropriate orders on merits, in accordance with law, within a period of two weeks from the date of receipt of a copy of this order. Page No.5 of 7
8. This writ petition is disposed of with the aforesaid observation and directions. No costs. Consequently, connected miscellaneous petition is closed.
12.02.2025 vm Index :
Yes/No Speaking Order :
Yes/No :
Yes/No J.SATHYA NARAYANA PRASAD,J.
vm To:
1.Director General of Police, Mylapore, chennai - 600 004.
2.Commissioner of Police, Salem District.
3.Superintendent of Police, Salem, Salem District.
4.Inspector of Police (Traffic), Mettur Police Station, Salem District.
Page No.6 of 7
5.Inspector of Police (Crime), Mettur Police Station, Salem District.
12.02.2025 Page No.7 of 7