Chandrakumar.K.V v. The Commissioner Of Transport

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 8.2.2023

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR K.V.Chandrakumar ... Petitioner Vs.

1 The Commissioner of Transport And Road Safety, Ezhilagam, Ezhilagam PWD Estate, Chepauk, Triplicane, Chennai- 600 005.

2 The Regional Transport Office, Redhills Office, No.2/37, Chamundi Complex, GNT Road, Redhills, Chennai- 600 052.

...

Respondents Prayer: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the respondents to consider the petitioner representation letter dated 30.01.2023 and consequently direct the 1st and 2nd Respondent to deliver the namely Silver colour Trax CruiserForce under model number 9 plus D 3050 MMWB with a chasis number MC14DDCA2GP060683 bearing register number KL- 62 -B- 9125 before the Kerala Regional Transport office within a time fixed by this Court. For petitioner : Mr.B.Leelesh Sundaram for M/s.Nathan Associates For respondents 1 & 2 : Mr.Karthik Jeganath, G.A.

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O R D E R

Writ petition is filed seeking Mandamus, directing the respondents to consider the representation made by the petitioner dated 30.1.2023.

2. The case of the petitioner is that he is the owner of the SUV vehicle bearing registration No.KL-62 B-9125 and the petitioner has purchased the same through a vehicle loan obtained from M/s.Cholamandalam Investments and Finance Co. Ltd. The vehicle has been seized by the second respondent without any reason on 14.12.2021. Despite several representation made by the petitioner, vehicle has not been released by the second respondent. Therefore, he filed the instant writ petition. 3 Mr.Kathik Jeganath, Government Advocate appearing for the respondents on instructions submitted that vehicle has been seized under Tamilnadu Motor Vehicle Tax Act for non payment of tax. The respondent following the due procedure by sending notice to the owner of the vehicle as well as Financier, as contemplated under the Act, seized the vehicle and the vehicle has been sold in the public auction, sale proceeds have been deposited.

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4 Such view of the matter, mere consideration of the representation will not serve any purpose. The second respondent shall furnish copy of the proceedings to the petitioner so as to enable him to challenge the same in the manner known to law. 5 With the above directions, the writ petition stands dismissed. No costs.

8.2.2023 Speaking/Non Speaking order Index: Yes/No vaan To 1 The Commissioner of Transport And Road Safety, Ezhilagam, Ezhilagam PWD Estate, Chepauk, Triplicane, Chennai- 600 005. 2 The Regional Transport Office, Redhills Office, No.2/37, Chamundi Complex, GNT Road, Redhills, Chennai- 600 052.

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N.SATHISH KUMAR, J.

vaan Dated: 8.2.2023 4/4

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