R.Selvam v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.19306 of 2021 and W.M.P No.20617 of 2021 R.Selvam Petitioner vs.

1.The State of Tamil Nadu, Rep. by its Principal Secretary to Government, Transport Department, Fort. St. George, Secretariat, Chennai - 600 009.

2.The Commissioner for Transport, Transport Department, Chepauk, Chennai - 600 005.

3.The Regional Transport Officer, Transport Department, Pampadaiyur, Thennur @ Kumbakonam, Thanjavur District.

4.The Regional Transport Officer, Transport Department, Srirangam, Trichy District.

5.The Superintendent of Police, Thiruvarur,

6.The Inspector of Police, Valangaiman Police Station, Valangaiman, 7.M/s.Chellam Motors Private Limited, No.11/2, Vinayagar Nagar, Trichy-Madurai National Highways, Panchapur - 620 012, Trichy District.

8.The Axis Bank Limited, Rep. by its Branch Manager, Thiruveni Building 1st Floor, B35, Sasthri Road, Thillai Nagar, Trichirapalli - 620 018.

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to take appropriate action against the officials of 3rd and 4th respondents for their illegality and irregularities in the registration of vehicles bearing registration Nos.TN-68-AC 1540, TN-68-AC- 1504, TN-68- AC- 1558 in the name of petitioner without his signature and consequently direct the respondents 5 and 6 to take appropriate criminal action against the employees of 7th and 8th respondents including the officials of 3rd and 4th respondents for their criminal activities including forgery, impersonation and etc. based on the complaint dated 05.03.2021.

For Petitioner : Mr.K.Balu For Respondents : Mr.S.Arumugam Government Advocate for R1 to R6 Mr.P.Ravishankar Rao for R7 Mr.D.Sathyaraj for R8

O R D E R

This writ petition was filed for a direction to the 1st and 2nd respondents to take appropriate action against the officials of the 3rd and 4th respondents on the ground that the signature of the petitioner was forged and the petitioner was impersonated and the 7th respondent managed to get the loan approved by the 8th respondent Bank with respect to the subject vehicles. 2.During the pendency of this writ petition, there was a settlement between the petitioner and the 8th respondent Bank and in view of the same, the vehicles were handed over to the petitioner and the 8th respondent Bank also gave a 'No Due Certificate'.

3.The petitioner made a representation to the 3rd respondent requesting for waiver of the tax payable to the vehicles on the ground that the vehicles were blacklisted by the 3rd respondent and it was never put to use. The 3rd

respondent on receipt of the representation, through proceedings dated 22.05.2023, informed the petitioner that there is no proof that the vehicle was never put to use and accordingly, the 3rd respondent directed the petitioner to pay tax dues for all the three vehicles from 31.03.2021 to 30.06.2023. 4.In the considered view of this Court, the main issue that is involved in the writ petition does not survive due to the subsequent development where the petitioner reached a settlement between the 8th respondent Bank. It is left open to the petitioner to pay the tax dues and apply for the permit before the 3rd respondent. If the petitioner is aggrieved by the demand made by the 3rd respondent, it is left open to the petitioner to independently challenge the same in the manner known to law.

5.This writ petition is disposed of in the above terms. No Costs. Consequently, connected miscellaneous petition is closed. 20.06.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No ssr

To 1.The Principal Secretary to Government, State of Tamil Nadu, Transport Department, Fort. St. George, Secretariat, Chennai - 600 009.

2.The Commissioner for Transport, Transport Department, Chepauk, Chennai - 600 005.

3.The Regional Transport Officer, Transport Department, Pampadaiyur, Thennur @ Kumbakonam, Thanjavur District.

4.The Regional Transport Officer, Transport Department, Srirangam, Trichy District.

5.The Superintendent of Police, Thiruvarur, 6.The Inspector of Police, Valangaiman Police Station, Valangaiman,

N. ANAND VENKATESH, J.

ssr W.P No.19306 of 2021 and W.M.P No.20617 of 2021 20.06.2023