P.Mangammal v. The State Transport Authority

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-08-2025

CORAM

THE HONOURABLE MRS.JUSTICE N. MALA

1. P.Mangammal W/o Mathaiyan 2/400, By Pass Road Opposite To Bharath Metric School, Kaarimangalam Dharmauri 635 111 Petitioner(s) Vs

1. The State Transport Authority Transport Department, Ezhilagam, Chennai 600 005 2.The Regional Transport Officer Regional Transport Office Dharmapuri Dharmapuri District Tamil Nadu 636 3.The Motor Vehicle Inspection Officer Grade I Regional Transport Office - Palacode Dharmapuri Distric, Tamil Nadu Respondent(s)

PRAYER Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the 2nd and 3rd respondents to return the vehicle bearing the registration No TN 22CC2978 to the petitioner. For Petitioner(s):

Mr.E.Ohmkumar For Respondent(s):

Mrs.C.Meera Arumugam, Agp For Respdts.

ORDER

(1)Mrs.C.Meera Arumugam, learned Additional Government Pleader accepts notice on behalf of the respondents. With the consent of both the learned counsels, the main writ petition is taken up for final disposal at the admission stage itself.

(2)The writ petition is filed for a mandamus directing the 2nd and 3rd respondents to return the vehicle Toyota Innova bearing the registration No TN-22-CC-2978 to the petitioner.

(3)The petitioner purchased the subject vehicle on 10.09.2022 for a consideration of a sum of Rs.9.75 lakhs, through a broker. The petitioner states that at the time of purchase, she took possession of the vehicle and all the valid documents including the permit. The petitioner further states that

she purchased the vehicle by availing loan from the TVS Credit. While so, on 25.09.2022, the 2 nd respondent seized the vehicle due to some discrepancies in the Road Tax and Registration fee etc. The petitioner states that she therefore submitted a representation on 14.02.2024, seeking permission to pay the outstanding road tax and penalties, if any, and requesting to drop further action. The petitioner also states that she purchased the vehicle by availing loan and due to continued custody of the vehicle with the respondents, she suffers severe financial loss. Under the said circumstances, the petitioner was constrained to file the above writ petition for the aforesaid relief.

(4)The learned Additional Government Pleader on instructions, submits that from the Parivaahan web portal it was found that the registration particulars submitted online by the petitioner, were based on fraudulent user ID at the Regional Transport Officer, Chennai [South West]. The learned Additional Government Pleader further submitted that as the Registration Certificate was found to be fraudulent, the erstwhile owner was issued with a show cause notice under Section 55[5] of the Motor Vehicles Act, 1988, for cancellation

of the Registration Certificate on the ground of fabrication and production of fake documents. Learned Additional Government Pleader further submitted that the petitioner had submitted a representation stating that she had no knowledge about the fake documents. The learned Additional Government Pleader therefore submitted that there were no merits in the writ petition and hence, the same deserved to be dismissed.

(5)Heard both sides and perused the materials placed on record. (6)A notice under Section 55[5] of the Motor Vehicles Act, 1988, for cancellation of Registration was admittedly, issued to the erstwhile owner of the vehicle and not to the petitioner. Since the petitioner is the present owner of the vehicle, in my view, she is entitled to a notice under Section 55[5] of the Act.

(7)Considering the aforesaid facts and circumstances of the case, the following directions are issued:

(a) The respondents shall issue a show cause notice, to the petitioner for cancellation of the Registration Certificate under Section 55[5] of the Motor Vehicles Act, 1988, within a period of two weeks, from the date of

receipt of a copy of this order.

(b)The petitioner shall on receipt of the show cause notice, within two weeks thereafter, submit her reply.

(c) On receipt of the petitioner's reply, the respondents shall, by following the procedure contemplated under Section 55[5] of the Motor vehicles Act, 1988, pass orders on merits and in accordance with law within a period of four weeks thereafter.

(8)Accordingly, the writ petition is disposed of with the above directions. No costs.

28-08-2025 AP Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The State Transport Authority Transport Department, Ezhilagam, Chennai 600 005 2.The Regional Transport Officer Regional Transport Office Dharmapuri Dharmapuri District Tamil Nadu 636 3.The Motor Vehicle Inspection Officer Grade I Regional Transport Office - Palacode Dharmapuri Distric, Tamil Nadu

N.MALA J.

AP 28-08-2025