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Madras High CourtWP/6769/2019disposed of

R.Mangaiyarkarasi, v. The Regional Transport Officer,

2019-03-08Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.03.2019

CORAM

THE HONOURABLE Mr.JUSTICE D.KRISHNAKUMAR W.P.No.6769 of 2019 R.Mangaiyarkarasi ... Petitioner Vs.

1.The Regional Transport Officer, Regional Transport Office, South Palpannaicherry, Nagappattinam District.

2.The Assistant Regional Transport Officer, Regional Transport Office, South Palpannaicherry, Nagappattinam District.

3.S.Senthilkumar ... Respondents Prayer:- The Writ Petition is filed under Article 226 of the Constitution of India, seeking for issuance of Writ of Mandamus, directing the respondents 1 and 2 to consider the petitioner's representation dated 19.01.2019. For Petitioner : Mrs.Greetha Senthikumar For Respondents : Mr.M.Karthikeyan Additional Government Pleader

O R D E R

Mr.M.Karthikeyan, learned Additional Government Pleader for the respondents, takes notice for the respondents. By consent, this Writ Petition is taken up for final disposal.

2. The petitioner has filed this Writ Petition for issuance of Writ of Mandamus, directing the respondents 1 and 2 to consider her representation dated 19.01.2019.

3. The petitioner would submit that she has purchased a Tata India Vista Car bearing registration No.TN-51-J-6706 from one Mr.Lankaram and subsequently, the name was also changed in the Registration Certificate of the said vehicle by the second respondent. Thereafter, on 07.07.2016, she sold out the said car to one Mr.Senthilkumar, who is residing at Anna Thidal, Thanjavur District and also informed the same to the respondents 1 and 2. While so, she received a Car Insurance Renewal Certificate for the said car in Policy No.611521923110000040, stating that it was renewed in her name from 12.01.2019 to 11.01.2020. Though the petitioner tried to contact the said Senthil Kumar, she could not contact him. It is further alleged that the said Senthil Kumar has not changed the petitioner's name in the R.C.

Book and by forging the signature of the petitioner, the car insurance was renewed in her name. Hence, she made a representation to the respondents 1 and 2 and requested to take action to remove her name from RC book and other registries of Tata India Vista Car bearing registration No.TN-51-J-6706. Since no action was taken, the petitioner is before this Court.

4. The learned counsel for the petitioner would submit that the petitioner would be satisfied, if a direction is given to the respondents to consider the representation of the petitioner.

5. The learned Additional Government Pleader appearing for the respondents submitted that the respondents will consider the representation of the petitioner in accordance with law.

6. In the light of the submissions made by the learned counsel on either side and also considering the limited scope of prayer sought for in this writ petition, this Court, without going into merits of the case, directs the respondents to consider the representation of the petitioner dated 19.01.2019, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

7. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar r n s

To 1.The Regional Transport Officer, Regional Transport Office, South Palpannaicherry, Nagappattinam District.

2.The Assistant Regional Transport Officer, Regional Transport Office, South Palpannaicherry, Nagappattinam District.

+1 cc to M/s.Greetha Senthilkumar, Advocate Sr.No.22418 +1 cc to The Government Pleader, Sr.No.22666 W.P.No.6769 of 2019 GJ(CO) CSL/09.04.2019