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Madras High CourtWP/32058/2016disposed of

R.Rathnasamy, v. The Registering Authority,

2016-09-19Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.9.2016 CORAM :

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM Writ Petition No.32058 of 2016 & WMP.No.27803 of 2016 R.Rathnasamy ... Petitioner Vs

1. The Registering Authority, (Regional Transport Officer), Tirupur-North, Tirupur-641603.

2. The Assistant Registering Authority, (Motor Vehicles Inspector - Grade I), Office of the RTO North, Tirupur-641603.

... Respondents PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents herein to inspect the mini bus TN-33-N-0375 of the petitioner and renew the fitness certificate. For Petitioner :

Mr.T.Padmanabhan For Respondents :

Mrs.M.E.Rani Selvam, Additional Government Pleader

ORDER

Heard both. By consent, the writ petition itself is taken up for final disposal.

2. The prayer sought for by the petitioner in this writ petition is to direct the respondents to inspect the mini bus of the petitioner and renew the fitness certificate.

3. The written instructions given by the first respondent to learned Additional Government Pleader dated 15.9.2016 are to the following effect :

"One Thiru.P.Jeevanandham, Tirupur has made certain representation to this authorities stating that the mini bus TN-33N-0375 belonging to Thiru.R.Rathinasamy, Tirupur is having discrepancies regarding the chassis number and engine number of the vehicle.

Therefore, the Motor Vehicle Inspector, Grade I of this office has requested the original Registering Authority - Assistant Registering Authority, Erode East to ascertain the genuineness of the chassis number of the vehicle in question.

At present, after ascertaining the genuineness of the chassis number with the B register of the original Registering Authority, the Motor Vehicles Inspector, Grade I of this office has reported that the pencil print of chassis number of the vehicle affixed in the registration certificate is tallied.

Therefore, fitness certificate of the vehicle in question will be renewed as and when the vehicle is produced before the Motor Vehicle Inspector as per Section 56 of the Motor Vehicles Act, 1988."

4. In the light of the stand taken above, the writ petition is disposed of with a direction to the petitioner to produce the vehicle before the second respondent immediately and on production of the vehicle, the second respondent shall verify all other parameters and renew the fitness certificate in accordance with law, not later than two days from the date of production of the vehicle. No costs. Consequently, the above WMP is closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar rs To 1.The Registering Authority, (Regional Transport Officer), Tirupur-North, Tirupur-641 603.

2.The Assistant Registering Authority, (Motor Vehicles Inspector - Grade I), Office of the RTO North, Tirupur-641 603.

+1cc to the Government Pleader, S.R.No.53114 W.P.No.32058 of 2016 & WMP.No.27803 of 2016 RP(CO) CA(21/09/2016)