S.Ganesan v. The Transport Commissioner (Vehicle Department)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.08.2025
CORAM:
THE HONOURABLE MRS.JUSTICE N.MALA S. Ganesan ... Petitioner Vs.
1. The Transport Commissioner (Vehicle Department) 2nd floor, Ezhilagam, Behind Madras University, Opposite M.G.R.Samathi, Walaji Road, Chepauk, Chennai 600 005.
2. The Regional Transport Officer (RTO) TN61, Ariyalur, Ariyalur District 621 704.
3. A. Vijay ... Respondents PRAYER : Writ Petition filed under Article 226 of Constitution of India, to issue Writ of Mandamus to direct the 1st and 2nd respondents to consider the petitioner's representation dated 25.07.2025 and consequently direct the 2nd respondent to remove the block/block list entry place on registration number TN88K4676 and permit registration/transfer of ownership in the petitioner's name as auction purchaser and issue the updated registration certificate at the
earliest.
For Petitioner : Mr.T.V.G.Kartheeban For Respondents : Mr.M.Shajakhan Special Government Pleader for R1 & R2
O R D E R
This writ petition is filed for a Writ of Mandamus directing the 1st and 2nd respondents to consider the petitioner's representation dated 25.07.2025 and consequently to direct the 2nd respondent to remove the block/block list entry placed on registration number TN88K4676 and permit registration/transfer of ownership in the petitioner's name as auction purchaser and issue the updated registration certificate at the earliest.
2. With the consent of both side counsels the main writ petition is taken up for disposal.
3. The petitioner is a bonafide purchaser of the motor vehicle viz., lorry bearing Registration number TN88K4676 in a public auction conducted by Equitas Small Finance Bank Ltd., 4th floor, Phase - II, Spencer Plaza, 769, Anna Salai, Chennai 600 002. The said lorry was earlier under hypothecation
with the finance company by the 3rd respondent/original owner. Subsequently, the 3rd respondent voluntarily surrendered the lorry to said finance company due to loan default. After following the due legal process, the finance company repossessed the lorry and issued a No objection certificate dated 18.06.2025 confirming transfer of ownership in favour of the petitioner. Consequently, the petitioner paid the full consideration and submitted all requisite documents including, Form 35 under rule 61 (1) regarding termination of the hire purchase Agreement, NOC from the bank and the original RC Book.
4. The petitioner states that he has no connection or involvement with the original owner/the 3rd respondent. However, the petitioner was subsequently informed that the aforesaid lorry had been recently blocked/block listed in the VAHAN Portal/RTO records, allegedly on the basis of a representation made by the 3rd respondent, who had already surrendered the lorry and waived all rights upon such surrender. In this regard on 25.07.2025, the petitioner sent a representation to the 1st and 2nd respondents, requesting removal of the said block/block list entry relating to his vehicle's registration number TN88K4676 and to permit registration/transfer of ownership in his favour being the auction purchaser and issue the updated registration certificate in his name. As no
action was taken on the petitioner's representation, the petitioner filed the above writ petition for the aforesaid relief.
5. The learned counsel for the petitioner submitted that it would suffice, if a direction is issued to the second respondent to consider and pass orders on the petitioner's representation dated 25.07.2025, on merits and within a time frame to be fixed by this Court.
6. The learned Special Government Pleader appearing for the respondents 1 & 2 prayed for reasonable time to dispose the representation.
7. Heard the learned counsel on either side and perused the materials available on record.
8. Taking into consideration the facts and circumstances of the case and the limited relief sought for by the learned counsel for the petitioner, this Court directs the second respondent, to consider the petitioner's representation dated 25.07.2025, and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.
9. With the above direction, the writ petition is disposed of. No costs. 22.08.2025 dpq Index : Yes /No Speaking Order : Yes/No To
1. The Transport Commissioner (Vehicle Department) 2nd floor, Ezhilagam, Behind Madras University, Opposite M.G.R.Samathi, Walaji Road, Chepauk, Chennai 600 005.
2. The Regional Transport Officer (RTO) TN61, Ariyalur, Ariyalur District 621 704.
N. MALA, J.
dpq 22.08.2025