G.Karpagam v. The Regional Transport Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.02.2023

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR G.Karpagam ... Petitioner Vs.

The Regional Transport Officer, Salem (West), Salem.

... Respondent Prayer: Writ petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent herein to receive the application dated 03.01.2023 for registration of the vehicle bearing Chassis No.MCHJIDC3FNPLO1570, Engine Number A2J1546877 forthwith and register the said vehicle after receiving the necessary life tax to the Motor Vehicles. For Petitioner : Mr.A.Ganesan For Respondents : Mrs.R.Anitha, Special Government Pleader

O R D E R

This Writ Petition is filed to direct the respondent herein to receive the Application dated 03.01.2023 for registration of the vehicle bearing Chassis No.MCHJIDC3FNPLO1570, Engine Number A2J1546877 forthwith and register the said vehicle after receiving the necessary life tax to the motor vehicles. 1/4

2.

The case of the writ petitioner is that she has purchased three wheeler from M/s.J.S.Auto (P) Ltd., which is fitted with the Chassis No.MCHJIDC3FNPLO1570 and Engine Number A2J1546877 with seating capacity of 6 in all with cost of vehicle at Rs.3,27,000/- which has been temporarily registered by registering authority, Kanpur Nagar, Uttrapradesh, on 05.12.2022 and assigned Registration No.T1222UP1931G and the certificate is valid up to 04.06.2023. When she presented the application for registration, the authority has not received the application. Hence, she seeks a direction by way of writ petition. 3.

Mrs.R.Anitha, learned Special Government Pleader, takes notice for the respondent and submits that the petitioner has filed an application along with Form20, 21 & 22 and the sale certificate and further submits that they will receive the application from the petitioner and vehicle will be registered. 4.

In such view of the matter, the petitioner is directed to produce the relevant documents. It is stated by the petitioner that the respondent is insisting the design certificate, which is not required under Rule 47 of the Central Motor Vehicles Act, 1989.

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5.

In such view of the matter, the petitioner is directed to produce Form 20, 21 & 22, sale certificate and insurance and on such production, the respondent shall register the vehicle, within a period of one week thereafter. 6.

With the above direction, this Writ Petition is disposed of. No costs. 09.02.2023 Index :Yes/No AT To The Regional Transport Officer, Salem (West), Salem.

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N.SATHISH KUMAR, J.

AT 09.02.2023 4/4