R.Prabha v. The Registering Authority

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.07.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.20205 of 2023 R.Prabha

...Petitioner

Vs.

1.The Registering Authority Regional Transport Officer Tirupur (South) Tirupur.

2.TVS Credit Services Limited No.29, Jayalakshmi Estate 3rd Floor Haddows Road, Nungambakkam Chennai 600 006.

3.G.Rajesh

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent herein to conclude the enquiry initiated in Na.Ka.34570/b1/2022 dated 30.09.2022 and issue fresh Certificate of Registration in the name of the second respondent herein for the vehicle bearing registration TN 52 H 9680. 1/4

For Petitioner : Mr.S.V.Karthikeyan For Respondents : Mr.N.Naveen Kumar for R1 Government Advocate

O R D E R

The petitioner seeks a direction to the first respondent to conclude the enquiry initiated in Na.Ka.34570/b1/2022 dated 30.09.2022 and issue fresh Certificate of Registration in the name of the second respondent herein for the vehicle bearing registration TN 52 H 9680.

2. According to the petitioner, the third respondent herein purchased the vehicle bearing Registration No.TN 52 H 9680 under hire purchase agreement with the second respondent. The third respondent had committed default in payment of installments and consequently the second respondent financier repossessed the vehicle and had sold it in auction sale. The petitioner purchased the vehicle in public auction conducted by the second respondent. Thereafter, the second respondent filed an application before the first respondent for issue of the fresh Certificate of Registration. The first respondent initiated proceedings in file No.Na.Ka.34570/b1/2022 and he has not passed any orders.

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3. The main grievance of the petitioner is that, even though the first respondent initiated proceedings in Na.Ka.34570/b1/2022 dated 30.09.2022 and directed enquiry, thereafter no enquiry was conducted and no order has been passed till date.

4. In view of the limited prayer made in this Writ Petition, without expressing any opinion on the merits of the case, this Court is inclined to issue a direction to the first respondent to complete the enquiry and pass orders on merits and in accordance with law, within a period of 8 weeks from the date of receipt of copy of this order.

5. With the above direction, this Writ Petition is disposed of. No costs.

10.07.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No dna 3/4

S.SOUNTHAR , J.

dna To The Registering Authority Regional Transport Officer Tirupur (South) Tirupur.

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