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Madras High CourtWP/32956/2012allowed

B.Balaji v. Regional Transport Officer

2021-03-22Honourable Mr Justice C. Saravanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.Nos.32956 & 32957 of 2012 B.Balaji ... Petitioner in both W.Ps.

Vs.

1.The Regional Transport, Chennai North West, Chennai - 600 018.

2.V.Ranjeeth Munoth 3.Seema Jain ... Respondents in both W.Ps.

Prayer in W.P.No.32956 of 2012: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, to direct the first respondent to receive the Form 35 application dated 04.10.2012 and also Form 34 application dated 17.11.2012 from the petitioner and make necessary entries in the registration certificate of the vehicle bearing registration No.TN-02-B-1632 of the petitioner's vehicle and return the registration certificate after making such entries.

Prayer in W.P.No.32957 of 2012: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, to direct the first respondent to receive the Form 35 application dated 04.10.2012 and also Form 34 application dated 17.11.2012 from the petitioner and make necessary entries in the registration certificate of the vehicle bearing registration No.TN-05-D-0330 of the petitioner's vehicle and return the registration certificate after making such entries.

For Petitioner :Mr.Dr.C.Ravichandran (in both W.Ps) For Respondents:M/s.K.Janani for (in both W.Ps) Mr.R.Singaravelan for R2 Mr.N.Inbanathan Additional Government Pleader for R1 C O M M O N O R D E R The learned counsel for the respondent submits the private dispute between the petitioner and the 2nd respondent has been settled. Therefore, there is no basis for the 1st respondent to refuse to receive Forms 34 and 35 for hypothecation of the vehicle in favour of the 3rd respondent for the petitioner.

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2.Therefore, this writ petition stands allowed by directing the 1st respondent to receive the required Forms complied with the requirements of the provisions of the Motor Vehicle Act, 1988.

3.These writ petitions stand allowed. No costs. s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar jas To The Regional Transport, Chennai North West, Chennai - 600 018.

• 1 cc to Mr.R.Singaravelan, Advocate Sr.18822 • 2 ccs to Dr.C.Ravichandran, Advocate Sr.18490, 18491 • 1 cc to Government Pleader SR.18585 • W.P.Nos.32956 & 32957 of 2012 AJB(CO) EU 7.5.2021 https://hcservices.ecourts.gov.in/hcservices/