M/S.Lalithaa Jewellery Mart Private Limited v. The Regional Transport Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.10.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.29719 of 2024 and WMP.No.32376 of 2024 M/s.Lalithaa Jewellery Mart Private Limited, Represented by its Authorised Signatory / Director, 123, Usman Road, T.Nagar, Chennai 600 017 ... Petitioner -Vs1.The Regional Transport Officer, Chennai West, K.K.Nagar, Chennai 600 078 2.The Director, Enforcement Directorate, DLZO II, C Block, Pravartan Bhawan, Dr.APJ Abdul Kalam Road, New Delhi - 110 011 3.The Regional Transport Officer, Regional Transport Officer, Department of Motor Vehicles, Shopping Complex, 3rd Floor, Railway Station Road, Yeswantpur, Bengaluru, Karnataka 560 022 ... Respondents

Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records related to the impugned order passed by the 1st respondent dated 22.02.2024 passed in R.No. 6929 / C3 / 2024 and quash the same and consequently direct the 1st respondent to re-register vehicle viz. Mercedes AMG 63 bearing Registration No. KA 04 MY 8055 Engine No.17798060137026, Chassis No. W1N4632762X343530, Polar White Color without insisting for original Registration Certificate/Smart Card, N.O.C. from the original Registering Authority, Police Report and Invoice.

For Petitioner : Mr.D.Ashok Kumar for M/s.J.Usha For Respondents For R1 : Mr.V.Manoharan, Additional Government Pleader

ORDER

This Writ Petition has been filed challenging the order passed by the first respondent dated 22.02.2024 thereby directed the petitioner to produce no objection certificate for registration of the vehicle i.e. Mercedes AMG 63 bearing Registration No. KA 04 MY 8055 Engine No.17798060137026, Chassis No. W1N4632762X343530, Polar White Color.

2.

Heard, the learned counsel appearing on either side. 3.

The first respondent had seized a vehicle i.e. Mercedes AMG 63 bearing Registration No.KA 04 MY 8055, Engine No.17798060137026, Chassis No. W1N4632762X343530, Polar White Color from one, Mohammed Enterprises Limited on 01.09.2021. It was brought to public auction by the second respondent, in which the petitioner participated and he was declared as successful bidder on 29.09.2023 for a sum of Rs.2,55,00,000/-. It was transferred through RTGS and the vehicle was delivered to the petitioner on 27.10.2023 along with the xerox copies of the records. The petitioner obtained new insurance policy for the said vehicle. Thereafter, the petitioner submitted application for transfer of ownership of the vehicle which was purchased in public auction as per Rule 57 of Central Motor Vehicles Rules, 1989.

The seized vehicle was originally registered in State of Karnataka and as such, the petitioner was insisted to get No Objection Certificate from the Regional Transport Office, Bengaluru, Karnataka for re-registration of the seized vehicle. As per Rule 57 of Central Motor Vehicles Rules, 1989, no objection certificate is not required for re-registration of a vehicle.

hereunder:

57.

the name and address of the person to whom the vehicle is sold:

[Provided that motor vehicle in the name of the Central Government or State Government shall not be transferred by the concerned registering authority without verifying the proceeding of the auction or disposal of the concerned vehicle.

4.

Thus, it is clear that no objection certificate from the concerned Regional Transport Office is not required for re-registration since it is a seized vehicle and the petitioner sought for transfer of ownership and also produced all the copies of the documents which are required under Rule 57 of Central Motor Vehicles Rules, 1989. 5.

In view of the above, the order impugned cannot be sustained and the same is liable to be quashed. Accordingly, the impugned order passed by the first respondent dated 22.02.2024 is quashed. The first respondent is directed to consider the petitioner's application in the light of Rule 57 of Central Motor Vehicles Rules, 1989 for re-registration of the vehicle viz. Mercedes AMG 63 bearing Registration No. KA 04 MY 8055 Engine No.17798060137026, Chassis

No. W1N4632762X343530, Polar White Color, which was purchased by the petitioner in public auction, on merits and in accordance with law within a period of two weeks from the date of receipt of copy of this order.

6.

With the above direction, this writ petition stands allowed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

03.10.2024 Index : Yes/No Speaking/Non Speaking order lok

To 1.The Regional Transport Officer, Chennai West, K.K.Nagar, Chennai 600 078 2.The Director, Enforcement Directorate, DLZO II, C Block, Pravartan Bhawan, Dr.APJ Abdul Kalam Road, New Delhi - 110 011 3.The Regional Transport Officer, Regional Transport Officer, Department of Motor Vehicles, Shopping Complex, 3rd Floor, Railway Station Road, Yeswantpur, Bengaluru, Karnataka 560 022

G.K.ILANTHIRAIYAN. J, lok 03.10.2024