Madras High CourtWP(MD)/6097/2018disposed of

K.Ashok,S/O.Kunapaul Jeyasingh v. The Regional Transport

2018-03-22Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.6097 of 2018 K.Ashok ... Petitioner Vs.

1.The Regional Transport Officer, Tirunelveli.

2.The Assistant Registering Authority, Valliyoor, Tirunelveli District.

3.The Motor Vehicle Inspector Grade-I, Valliyoor RTO Office, Valliyoor, Tirunelveli District.

4.S.A.Cruz 5.A.Maria Puvin ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to conclude the enquiry initiated vide Memo No.4704/B5/2018 dated 25.01.2018 in respect of issuance of duplicate certificate for the vehicle in TN-72 AX 8789 and transfer of ownership made in favour of the fourth respondent and also initiate penal action.

For Petitioner : Mr.H.Arumugam For R1 to R3 : Mr.M.Jeya Kumar Additional Government Pleader

ORDER

By consent of both parties, the writ petition is taken up for disposal at the admission stage itself.

2.The petitioner purchased an Earth Moving Equipment (JCP) from the fourth respondent. The allegation of the writ petitioner is that the fourth respondent after selling the vehicle to him fraudulently sold the same in favour of his son namely the fifth respondent. The original documents are with the writ petitioner. He has further lodged an appeal before the first respondent in this regard, to cancel the entries made in favour of the fifth respondent in the duplicate documents. The enquiry is still pending.

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3.The first respondent is directed to conclude the said enquiry within a period of eight weeks from the date of receipt of a copy of this order. It is needless to mention that the first respondent shall hear the fifth and fourth respondent before passing appropriate orders. It is made clear that this Court has not expressed any opinion on the merits of the matter. The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To 1.THE REGIONAL TRANSPORT OFFICER, TIRUNELVELI.

2.THE ASSISTANT REGISTERING AUTHORITY, VALLIYOOR, TIRUNELVELI DISTRICT.

3.THE MOTOR VEHICLE INSPECTOR GRADE-I, VALLIYOOR RTO OFFICE, VALLIYOOR, TIRUNELVELI DISTRICT.

4.S.A.CRUZ, S/O.AVARAI MUTHU, 63/9, SOUNDRAPANDIAPURAM ROAD, SOUTH KALLIKULAM, RADHAPURAM TALUK, TIRUNELVELI. 5.A.MARIA PUVIN, S/O.S.A.CRUZ, 63/9, SOUNDRAPANDIAPURAM ROAD, SOUTH KALLIKULAM, RADHAPURAM TALUK, TIRUNELVELI. +1cc to Mr.H.Arumugam, Advocate, SR.No.57873 +1cc to The Special Government Pleader, SR.No.57513 rmi RL/8C/2P/KK/SAR1/26/4/2018 W.P.(MD)No.6097 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 22.03.2018