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Madras High CourtWP/351/2017disposed of

K. Balaji v. The Secretary

2017-01-10Honourable Mr Justice Rajiv Shakdher3 pages

In the High Court of Judicature at Madras Dated: 10.01.2017 Coram The Honourable Mr.JUSTICE RAJIV SHAKDHER Writ Petition No.351 of 2017 K.Balaji .... Petitioner Vs.

The Secretary, Regional Transport Authority-cumRegional Passport Officer, Ranipet, Vellore District.

.... Respondent PETITION under Article 226 of The Constitution of India praying for the issuance of Writ of Mandamus directing the respondent herein to receive and accept the documents mentioned in the proceedings of the respondent vide R.No.23516/A4/2016, dated 27.06.2016 which was returned to the petitioner in August 2016 by the Respondent's office and further to direct the respondent to issue the Certificate of Registration and Renewal of Permit in respect of the petitioner's Autorickshaw bearing Registration No.TN-01-R-3531.

For Petitioner : Mr.S.Govindraman For Respondent : Mr.Akhil Akbar Ali, G.A.

O R D E R

1. This is a Writ Petition, whereby, the petitioner seeks a direction qua the respondent, to the effect, that it should receive and accept the documents mentioned in the proceedings bearing No: R.No.23516/A4/2016, dated 27.06.2016.

2. It is the case of the petitioner that the documents were returned by the respondent's office without issuing a Certificate of Registration and renewing the permit in respect of his Autorickshaw bearing Registration No.TN-01-R-3531. 2.1. The petitioner is aggrieved by the fact that when he had made an application on 27.05.2015, he had, in his possession, the following documents: i) the Certificate of Fitness, which was valid till 19.08.2015; ii) the Pollution Certificate dated 25.03.2015, and had also paid the tax, in the

sum of Rs.1400/-, for the period, spanning between 25.05.2015 and 24.05.2020.

3. Counsel for the petitioner says that in these circumstances, the respondent should have issued a Certificate of Registration and renewed its permit pertaining to the aforementioned vehicle, i.e., Autorickshaw.

4. I may only note that the petitioner has not filed a Certificate of Registration on record. During the course of the arguments, a photocopy of the Certificate of Registration was shown to me, which facially indicates that the Certificate of Registration was issued to one Mr.Loganathan and was valid till 01.05.2015. This Certificate of Registration was, subsequently, transferred in favour of the petitioner, i.e., on 16.03.2000.

5. Apart from what is coming in the way of the petitioner is the validity of the Fitness Certificate. Even according to the petitioner, it stood expired on 19.08.2015.

6. Therefore, no directions can be issued to the respondent in the present Writ Petition.

7. The Writ Petition is, accordingly, closed.

8. However, the disposal of this Writ Petition will not come in the way of the petitioner re-commencing the process for renewal for an issuance of Certificate of Registration and/or for seeking renewal of permit qua the aforementioned vehicle, albeit, in accordance with law.

9. However, there will be no order as to costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sl To The Secretary, Regional Transport Authority-cumRegional Passport Officer, Ranipet, Vellore District.

+1cc to Mr.S. Govindraman, Advocate, S.R.No.3087 +1cc to the Government Pleader, S.R.No.3062 ks(CO) md(01/02/2017) Writ Petition No.351 of 2017