Madras High CourtWP/19400/2021disposed of

Daniel Wesley.C v. The Commissioner

2021-09-14Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No. 19400 of 2021 Daniel Wesley.C S/o. Charles Benjamin Jacob Residing at No.305, F Block, EPA Pacific city, Balu Mudhali Street, Kelambakkam, Kancheepuram - 603 103. ..Petitioner Vs.

1. The Commissioner, Transport Department, Ezhilagam, Chepauk, Chennai - 600 005.

2. The Regional Transport Officer (RTO) Anna Nagar, Chengalpattu, Chennai - 603 001. ..Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the 2nd respondent to consider the petitioner representation dated 01.07.2021 and further direct the 2nd respondent to get the permanent registration for Royal Enfield Thunderbird bearing temporary registration mark:TN 01 TAM 11538. For Petitioner : M/s.A.S.Neela Narayani For Respondents: Mr.U.Baranidharan Government Advocate for respondents

ORDER

This writ petition has been filed for the issue of a writ of mandamus directing the 2nd respondent to consider the representation made by the petitioner on 01.07.2021, wherein the petitioner is seeking for the permanent registration of his two wheeler.

2. The case of the petitioner is that he had purchased the

two wheeler in the year 2017 and a temporary registration was issued. This registration was for a period of one year from 21.01.2017 to 20.01.2018. The further case of the petitioner is that he was not able to immediately submit the application seeking for extension of time and thereafter the lock down was imposed during pandemic period. Ultimately, the petitioner submitted an application on 01.07.2021 before the 2nd respondent requesting for permanent registration for his two wheeler. Since the same was not considered, the present writ petition has been filed before this Court seeking for appropriate directions.

3. Heard Ms.A.S.Neela Narayani, the learned counsel for the petitioner and Mr.U.Baranidharan, the learned Government counsel appearing on behalf of the respondents.

4. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the second respondent to consider the representation made by the petitioner on 01.07.2021 and deal with the same on its own merits and in accordance with law and take a decision with regard to giving a permanent registration for the two wheeler belonging to the petitioner within a period of two weeks from the date of receipt of a copy of this order. It is also left open to the 2nd respondent to collect whatever fees or compounding fees that has to be paid for the late registration, from the petitioner.

5. This writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar RAP/RR To

1. The Commissioner, Transport Department, Ezhilagam, Chepauk, Chennai - 600 005.

2. The Regional Transport Officer (RTO) Anna Nagar, Chengalpattu, Chennai - 603 001.

+1cc to M/s.A.S.Neela Narayani, Advocate, S.R.No.46387 +1cc to the Government Pleader, S.R.No.46901 W.P.No. 19400 of 2021 GJ(CO) RGA(27/09/2021)