Madras High CourtWP/5983/2018disposed of

R.Jayaprakash, v. The Regional Transport Officer

2018-09-11Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 11..09..2018

CORAM

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Writ Petition No.5983 of 2018 R.Jayaprakash ... Petitioner -VersusThe Regional Transport Officer, Thudiyalur, Coimbatore North, Coimbatore District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondent to issue "No Objection Certificate" based on the representation of the petitioner dated 13.10.2017 within a time frame to be fixed by this court.

For Petitioner : Mr.S.Sithirai Anandam For Respondents : Mrs.S.Ramya Revathy, Government Advocate

ORDER

This writ petition has been filed seeking to issue a direction to the respondent for the issuance of 'No Objection Certificate" based on the representation of the petitioner dated 13.10.2017 so as to transfer the ownership of the lorry bearing Regn. No. TN 38 BX 4848.

2. According to the petitioner, he was the owner of the lorry bearing Regn. No.TN 38 BX 4848 and he sold the same to a third party. Now, for the purpose of transfer of ownership of the lorry in the name of the person who purchased the lorry, he requires no objection certificate. Therefore, he made a representation to the respondent on 13.10.2017, but, same did not evoke any response till date. Hence, this writ petition.

3. Today, when the matter was taken up for hearing, the learned Government Advocate, on instructions, submitted that the petitioner has made only a representation seeking no objection certificate and if he applies for no objection certificate in the prescribed form the same would be considered in accordance with law.

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4. In the light of the above position, the petitioner is directed to submit an application for no objection certificate to the respondent in the prescribed form within a period of one week from the date of receipt of a copy of this order and on such application, the respondent is directed to consider the same and pass suitable orders on merits and in accordance with law within a period of two weeks from the date of receipt of application from the petitioner. This writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar kmk To 1.The Regional Transport Officer, Thudiyalur, Coimbatore North, Coimbatore District.

+1 cc to the Government Pleader sr 63451 +1 cc to M/s.S.Sithirai Anandam Advocate sr 63174 W.P.No.5983 of 2018 aa15/10/2018 https://hcservices.ecourts.gov.in/hcservices/