M/S. Jains Car Shoppe v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.07.2025
CORAM:
THE HONOURABLE MRs. JUSTICE N.MALA M/s.Jains Car Shoppe represented by its Proprietor Mr.Sushil Mehta No.157, North Usman Road, T.Nagar, Chennai - 600 017.
.. petitioner vs 1.The Secretary Transport Department Secretariat, Fort Saint George, Chennai - 9.
2.The Transport Commissioner O/s.The Transport Commissioner Guindy, Chennai - 32.
3.The Regional Transport Officer Chennai West Chennai - 600078.
4.The Assistant Registering Authority Chennai West Chennai - 600 078.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the respondents 3 and 4 to 1/6
consider the petitioner's representation dated 28.06.2025 and to allow the application submitted by the petitioner for transfer and renewal of vehicles and to register the same based on the Advisory dated 29.01.2025 passed by the Government Of India, Ministry of Road Transport and Highways. For Petitioner : Mr.R.A.S.Senthilvel For Respondents : Mrs.C.Meera Arumugam, AGP
O R D E R
This writ petition is filed to direct the respondents 3 and 4 to consider the petitioner's representation dated 28.06.2025, and to allow the application submitted by the petitioner for transfer and renewal of vehicles and to register the same based on the Advisory dated 29.01.2025, passed by the Government Of India, Ministry of Road Transport and Highways.
2. The petitioner is engaged in the business of buying and selling used cars within the jurisdiction of K.K.Nagar, Regional Transport Office. The petitioner applied for transfer of ownership of cars bearing Registration Nos.TN07-CP-7575, TN07-BT-2520 and TN09-CZ-6756 on 03.06.2025, 27.05.2025 and 26.05.2025, respectively. The petitioner states that pursuant to the application, the Transport Inspector who inspected the vehicles, endorsed that the transfer of ownership and other applications could be 2/6
entertained only within the limit and jurisdiction of transferee's residence. According to the petitioner, the applications for transport permission for the aforesaid vehicles could also be made to the RTO, at the place of business of the petitioner. The petitioner further states that not only his business was affected, due to the denial of transport permission, but he was also prevented from paying the insurance. The petitioner in support of his case, relied on the advisory of the Central Government dated 29.01.2024, and the judgment of the High Court of Kerala reported in Sabeer A V. State of Kerala represented by its Secretary, Transport Department, Secretariat, Thiruvananthapuram - 695 001 and others in WP(C).No.35424 of 2024. The petitioner submitted a representation to the respondents on 28.06.2025 and as the respondents failed to respond, the petitioner filed the present writ petition.
3. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents and perused the materials available on record. With consent of both counsels, this writ petition is taken up for final disposal.
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4. Under the facts and circumstances of the case, without going into the merits, I direct the 3rd respondent to consider the petitioner's applications dated 03.06.2025, 27.05.2025 and 26.05.2025, by considering the Government of India Advisory dated 29.01.2024 and the judgment of the Kerala High Court in WP.(C).No.35424 of 2024 dated 06.11.2024, and pass appropriate orders on merits and in accordance with law, within a period of four weeks, from the date of receipt of a copy of this order.
5. With the above direction, this writ petition is disposed of. No costs.
24.07.2025 Speaking order / Non-speaking order Index : Yes / No : Yes / No tsh 4/6
To 1.The Secretary Transport Department Secretariat, Fort Saint George, Chennai - 9.
2.The Transport Commissioner O/s.The Transport Commissioner Guindy, Chennai - 32.
3.The Regional Transport Officer Chennai West Chennai - 600078.
4.The Assistant Registering Authority Chennai West Chennai - 600 078.
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N. MALA , J.
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