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Madras High CourtWP(MD)/1610/2023disposed of

Azarudeen R v. The Regional Transport Officer

2023-02-16Honourable Mr Justice P.D.Audikesavalu5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.02.2023 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU R.Azarudeen ... Petitioner Vs.

The Regional Transport Officer, Regional Transport Office, Pudukottai.

... Respondent PRAYER: Writ Petition filed under Article 226 of the constitution of India, to issue a Writ of Mandamus, directing the respondent to effect transfer of ownership in the certificate of registration and assign new registration mark to the Ambulance bearing registration No.KA-05-AK-7010 by considering the application dated 16.08.2021 and the subsequent representation dated 01.09.2022 within a time frame as fixed by this Court. For Petitioner : Mr. T.Lenin Kumar For Respondent : Mr. K.S.Selvaganesan Additional Government Pleader 1/5

ORDER

Heard Mr. T.Lenin Kumar, Learned Counsel for the Petitioner and Mr. K.S.Selvaganesan, Learned Additional Government Pleader for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Writ Petition has been filed seeking for a direction to the Respondent to effect transfer of ownership in the certificate of registration and assign new registration mark to the Ambulance bearing registration No.KA-05-AK-7010 by considering the application dated 16.08.2021 and the subsequent representation dated 01.09.2022.

3.

In response to the said claim made by the Petitioner, it has been stated in the report filed by the Respondent as follows:- "4. It is submitted that the petitioner Thiru.R.Azarudeen, S/o.Rahmaniya, Secretary, Masjid Cultural Development Trust, Vadakku Ammapattinam, Manamelkudi Post & Taluk, Pudukkottai had sent a representation letter dated 01.09.2022 through register post to this office. In that letter the petitioner asked to Re-register 2/5

his Ambulance Vehicle bearing registration number KA05AK7010. With that letter the petitioner had not enclosed any prescribed applications for re-registration, transfer of ownership and original documents. The petitioners address falls under the jurisdiction of Unit Office (Office of the Motor Vehicle Inspector Grade-1), Aranthangi. The No objection Certificate was also issued to Aranthangi, Unit Office. But the petitioner wrongly gave his representation to the office of the Regional Transport Officer, Pudukkottai. Hence, we have not able to take further necessary action to Re-register the Ambulance bearing registration number KA05AK7010. After, filed this case then only the petitioner produced the relevant original documents and prescribed application for Re-Registration of the Ambulance bearing registration number KA05AK7010 on 30.01.

2023. On receipt of the proper application we have proceeded further action to Re-register the vehicle." In view of the aforesaid action taken, nothing remains for further consideration in the matter, but it would not preclude the Petitioner, if he has still any grievance, from working out his rights before appropriate forum in the manner recognized by law.

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In fine, the Writ Petition is disposed with the aforesaid clarifications. No costs.

16.02.2023 Index : Yes/No Internet : Yes/No Sm Note: Issue order copy by 22.02.2023 TO:

The Regional Transport Officer, Regional Transport Office, Pudukottai.

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P.D.AUDIKESAVALU,J.

Sm 16.02.2023 5/5