M.Francis Vijay Arun v. The Regional Transport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH M.Francis Vijay Arun ... Petitioner -vs1.The Regional Transport Officer, Office of R.T.O., Vedachandur, Dindigul District.

2.The Regional Transport Officer, Office of R.T.O., Pirattiyur, Trichy West, Trichy District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to cancel the hypothecation and subsequently, direct the second respondent herein to transfer the Registration Certificate of the vehicle by model name TOYOTA GLANZA G (MT), bearing Registration No.TN-56-Q-6255 to the petitioner's name, within a time stipulated by this Court.

For Petitioner : Mr.A.Mathan For Respondents : Mr.C.Venkateshkumar Special Government Pleader

ORDER

This Writ Petition has been filed seeking a direction to the first respondent to cancel the hypothecation and subsequently, direct the second respondent herein to transfer the Registration Certificate of the vehicle, namely, TOYOTA GLANZA G (MT), bearing Registration No.TN-56-Q-6255 to the petitioner's name.

2. With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

3. The learned counsel for the petitioner submits that one Tamizhselvan purchased the vehicle in question by acquiring a loan from IndusInd Bank Ltd. and was the second owner of the said vehicle. Due to default in repayment of dues, the vehicle was seized by the bank and taken up for auction, in which the petitioner was the successful bidder. The vehicle was thereafter handed over to the petitioner. However, when the petitioner attempted to apply for the name transfer in the Registration Certificate, the second respondent raised objections, stating that there was a hypothecation. Hence, the present Writ Petition.

4. The learned Special Government Pleader appearing for the respondents submits that if the petitioner submits a fresh representation outlining all their grievances, the same will be considered in accordance with law, within a time frame to be fixed by this Court.

5. Recording the above submissions, this Writ Petition is disposed of, with a direction to the petitioner to submit a fresh representation outlining his grievances to the respondents, within a period of two weeks from the date of receipt of a copy of this order. Upon receipt of such representation, the respondents shall consider it on merits and pass appropriate orders in accordance with law, within four weeks thereafter. There shall be no order as to costs. NCC : Yes / No 20.02.2025 Index : Yes / No smn2 To:- 1.The Regional Transport Officer, Office of R.T.O., Vedachandur, Dindigul District.

2.The Regional Transport Officer, Office of R.T.O., Pirattiyur, Trichy West, Trichy District.

VIVEK KUMAR SINGH , J.

smn2 20.02.2025