M.Syed Nijamudheen v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-08-2025
CORAM
THE HONOURABLE MRS.JUSTICE N. MALA
1. M.Syed Nijamudheen S/o.Mohammed Ali, No.8,Karunal Pakkiri Street, Neravy Communue, Neravy, Karaikal District -609604.
Petitioner(s) Vs
1. The District Collector District Collector Office, Karaikal -609 602.
2.The Regional Transport Officer, District Transport Ofifce, Karaikal District.
3.The Assistant Motor Vehicles Inspector, District Transport Office, Karaikal.
4.S.Kannan, S/o.Saravanan, No. 53, Vilithiyur Main Road, Vilithiyur Village, Neravy Commune, Karaikal District.
Respondent(s)
PRAYER Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus direction to the Respondents particularly the 2nd respondent to cancel the duplicate certificate of registration which is issued by the 2nd and 3rd respondent in favour of the 4th respondent for the passenger Town Bus, Vehicle bearing registration No.PY02C5558 by considering the representation dated on 21.04.2025.
For Petitioner(s):
Mr.G.Mohammed Aseef S.Kalaimani R.Sakthi Priya Z.Rifa Fathima S.Gokulakrishnan K.Praveen Raj J.Raviprakash S.Syed Ismail For Respondent:
Mr.M.Nirmal Kumar, GA for RR 1 to 3
ORDER
Mr.M.Nirmal Kumar, learned Government Advocate accepts notice on behalf of the respondents 1 to 3. With the consent of both the learned counsels, the main writ petition itself is taken up for final disposal. Notice to the 4 th respondent is dispensed with since no adverse order is passed against the 4 th respondent.
2.The writ petition is filed for a mandamus directing the 2 nd respondent to cancel the duplicate certificate of registration issued by the respondents 2 and 3 in favour of the 4 th respondent for the Passenger Town Bus bearing Regn.No.PY-02-C-5558 by considering the petitioner's representation dated 21.04.2025.
3.The petitioner entered into a Lease Agreement with the 4 th respondent on 05.10.2022 with regard to the Passenger Town Bus vehicle bearing Regn.No.PY-02-C-5558 plying on route from Thandalar to Vilithiyur. The petitioner states that at the time of entering into the Lease Agreement, the 4 th respondent handed over the original copy of the Registration Certificate of the aforesaid vehicle to the petitioner. The petitioner further states that he used to park the aforesaid vehicle in the property owned by Mr.S.K.Arul. While so, on 28.11.2024, the 4 th respondent's hooligans illegally trespassed into the property of Mr.S.K.Arul and seized the aforesaid vehicle. On 20.12.2024, the 4 th respondent was issued with a duplicate certificate of registration by the 3 rd respondent and the petitioner thereafter on 21.04.2025, submitted a
representation to the 2 nd respondent to cancel the duplicate certificate of registration issued by the 3 rd respondent in favour of the 4 th respondent.
However, no action was taken and therefore, the petitioner filed the above writ petition for the aforesaid relief.
4.Learned counsel for the petitioner submitted that though larger relief is prayed in the writ petition, it would suffice if a direction is issued to the 2 nd respondent to dispose of the petitioner's representation dated 21.04.2025, within a time frame fixed by this Court.
5.Heard both sides and perused the materials placed on record. 6.Under the facts and circumstances of the case and the limited prayer of the learned counsel for the petitioner, a direction is issued to the 2 nd respondent to consider and dispose of the petitioner's representation dated 21.04.2025 on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order. It is needless to state that the 2 nd respondent shall afford an opportunity of hearing to the petitioner as well as the 4 th respondent while considering the petitioner's representation.
7.The writ petition is disposed of with the above direction. No costs. 12-08-2025 AP Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.The District Collector District Collector Office, Karaikal -609 602.
2.The Regional Transport Officer, District Transport Ofifce, Karaikal District.
3.The Assistant Motor Vehicles Inspector, District Transport Office, Karaikal.
4.S.Kannan, S/o.Saravanan, No. 53, Vilithiyur Main Road, Vilithiyur Village, Neravy Commune, Karaikal District.
N.MALA J.
AP 12-08-2025