M.Nithya v. The Regional Transport Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN M.Nithya .... Petitioner Vs 1.The Regional Transport Officer, RTO Office, Erode Main Road, Varagarumpatty Village, Thiruchengode Taluk, Namakkal District 637214.

2.The Inspector of Police Namakkal Eow Police Station, Namakkal District.

Crime No. 02 Of 2023.

3.Soundharya .... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for records of the 1st respondent pertaining to the impugned order in Na.Ka.No. 18401/E3/2023 dated 04.12.2024 on his file, quash the same and further direct the respondents to remove the "Not to be Transacted" Order passed on petitioner lorry bearing Registration No. TN 34 U 7655.

For Petitioner : Mr.S.Silambu Selvan For R1 : Mr.P.Balathandayutham Special Government Pleader For R2 : Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

This Writ Petition has been filed challenging the order passed by the first respondent dated 04.12.2024, thereby directing the petitioner "not to be transacted" the vehicle which was purchased by the petitioner from the third respondent.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The third respondent is an accused in Crime No.2 of 2023 registered under the TNPID Act. Her husband has also been arrayed as an accused in the same case. It is alleged that they have cheated 177 depositors to the tune of Rs.25,45,30,000/- collected from the general public. The vehicle bearing Registration No.TN 34 U 7655 was purchased by the third respondent and was subsequently sold to the petitioner. The ownership of the vehicle was duly transferred in favour of the petitioner on 19.07.2023. On the request made by the second respondent, the first respondent passed an order dated 04.12.2024,

directing that the vehicle bearing Registration No.TN 34 U 7655 "not to be transacted". The second respondent is also taking steps to seize the vehicle purchased by the petitioner and also the property owned by the petitioner was attached the property with the third respondent.

4. In view of the above, this Court finds no infirmity or illegality in the order passed by the first respondent dated 04.12.2024. Accordingly, this Writ Petition stands dismissed. No costs. 19.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To 1.The Regional Transport Officer, RTO Office, Erode Main Road, Varagarumpatty Village, Thiruchengode Taluk, Namakkal District 637214.

2.The Inspector of Police Namakkal Eow Police Station, Namakkal District.

3.The Public Prosecutor, High Court of Madras, Chennai.

G.K.ILANTHIRAIYAN, J.

Lpp 19.02.2025