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Madras High CourtWP(MD)/3310/2020disposed of

P.Marimuthu v. The Director Department Of Vigilance And Anti Corruption

2020-02-19Honourable Mrs Justice Pushpa Sathyanarayana4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:19.02.2020

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)No.3310 of 2020 and W.M.P(MD)No.2775 of 2020 P.Marimuthu ... Petitioner Vs.

1.The Director - Department of Vigilance and Anti-Corruption, DVAC No.293, MKN Road, Alandur, Chennai - 600 016.

2.The Commissioner of Transport, Transport Department, Chepauk, Chennai - 600 005.

3.The Superintendent of Police, Sivagangai, 4.The Deputy Superintendent of Police, Vigilance and Anti Corruption, Thirupottur Road, 5.The Regional Transport Officer, 6.Mr.Kalyanakumar, The Regional Transport Officer, 7.Uma Nachiyar ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Mandamus directing the second respondent to take necessary action against the sixth 1/4

respondent in view of the directions passed in Petition No.11305/2019/MISC-SG, dated 23.10.2019 on the file of the first respondent for the illegal name transfer of the Petitioner's vehicle namely Maruthi Suzuki Manufacture Alto model Silky silver colour bearing Registration No.TN 63 AB 4019 in favour of the seventh respondent and directing the fifth respondent to retransfer the name of the Petitioner in the R.C.Book of the said vehicle.

For Petitioner : Mr.V.Kannan For Respondents : Mrs.J.Padmavathi Devi 1 to 5 Special Govt.Pleader For Respondent-6 : Mr.J.Anandkumar

ORDER

This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the second respondent to take necessary action against the sixth respondent in view of the directions passed in Petition No.11305/2019/MISC-SG, dated 23.10.2019 on the file of the first respondent for the illegal name transfer of the Petitioner's vehicle namely Maruthi Suzuki Manufacture Alto model Silky silver colour bearing Registration No.TN 63 AB 4019 in favour of the seventh respondent and directing the fifth respondent to re-transfer the name of the Petitioner in the R.C.Book of the said vehicle.

2.Mrs.J.Padmavathi Devi, learned Special Government Pleader takes notice on behalf of the respondents 1 to 5 and Mr.J.Anand Kumar, learned counsel takes notice on behalf of the sixth respondent.

3.By consent of both parties, the main Writ Petition is taken up for final disposal.

4.The seventh respondent is the wife of the Petitioner and a matrimonial dispute is pending between them. It is alleged by the Petitioner that the seventh respondent had stolen his vehicle and also transferred the name in her favour. It appears that the Petitioner also has given a complaint before the first respondent and others. The first respondent, which is the Department of Vigilance and Anti Corruption, Chennai has dropped the proceedings, as the complaint not involves any of the cognizable offence under the Prevention of Corruption Act. However, the petition was forwarded to the third respondent vide proceedings in Petn.No.11305/2019/MISC/SG, dated 23.10.2019. Hence the Petitioner has come forward with this Writ Petition for the above said relief.

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5.In view of the above, without going into the merits of the matter, the third respondent is directed to enquire pass appropriate orders based on the complaint/Petition, dated 5.10.2019, submitted by the Petitioner, on merits and in accordance with law, after affording an opportunity of hearing to all the parties concerned, within a period of six weeks from the date of receipt of a copy of this order.

6.With the above direction, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) vsn To 1.The Director - Department of Vigilance and Anti-Corruption, DVAC No.293, MKN Road, Alandur, Chennai - 600 016.

2.The Commissioner of Transport, Transport Department, Chepauk, Chennai - 600 005.

3.The Superintendent of Police, Sivagangai, 4.The Deputy Superintendent of Police, Vigilance and Anti Corruption, Thirupottur Road, 5.The Regional Transport Officer, 3/4

6.Mr.Kalyanakumar, The Regional Transport Officer, +1 CC to M/s.V.KANNAN, Advocate ( SR-7110[F] dated 19/02/2020 ) ORDER MADE IN W.P(MD)No.3310 of 2020 and W.M.P(MD)No.2775 of 2020 19.02.2020 KG(CO) TR(03.03.2020)4P 8C 4/4