Madras High CourtWP(MD)/6466/2024closed

K.Sayira Begam v. The Regional Transport Officer

2024-03-20Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No .6466 of 2024 K.Sayira Begam ... Petitioner Vs 1.The Regional Transport Officer, O/o. The Regional Transport Officer, Backside of Reliance Petrol Bunk, Dindigul-Palani Road, Ottanchathiram - 624 619.

2.The Superintendent of Police, O/o. the Superintendent of Police, Kajamalai Colony, Trichy District.

3.The Inspector of Police, O/o. the Inspector of Police, Thuvarankurichi Police Station, Trichy District.

4.Gunasekar ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent No.1 to forbear the respondent No.4 in selling or 1/5

mortgaging his Tipper Lorry bearing registration number TN 51 A 5878 by considering the petitioner's representation dated 13.06.2023.

For Petitioner : Mr.SMA.Jinnah For R1 : Mr.G.V.Vairam Santhosh Additional Government Pleader For R2 & R3 : Mr.M.Vaikkam Karunanithi Government Advocate

O R D E R

The petitioner is a victim in an accident caused by a Lorry bearing Registration No.TN 51 AF 5878. The petitioner has filed an application for compensation before the Motor Accidents Claims Tribunal, Madurai in MCOP No.413 of 2022. The petitioner with an apprehension that the fourth respondent/the owner of the Tipper Lorry bearing Registration No. TN 51 AF 5878 is attempting to sell the Lorry, which caused accident has filed this writ petition for a Mandamus, directing the Regional Transport officer, Ottanchathiram to forbear the fourth respondent/the owner of the lorry in selling or mortgaging his Tipper Lorry bearing registration number TN 51 A 5878.

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2.Mr.G.V.Vairam Santhosh, learned Additional Government Pleader takes notice for the first respondent and submits that they have not received any objections from any individual or from police Department regarding any accidents on the subject vehicle for the period from 15.07.2021 to 27.05.2022. He further submits that the the subject vehicle has already been sold on 27.05.2022 to one Poongani S/oJayaraj. Subsequently, based on the objection given by the petitioner on 22.06.2023, the vehicle was block listed. Mr.M.Vaikkam Karunanithi, learned Government Advocate takes notice for the respondents 2 & 3. 3.The relief sought for by the petitioner in this writ petition cannot be granted. It is reported that the subject vehicle has already been sold on 27.05.2022. Therefore, the petitioner has to work out her remedy before the MCOP Tribunal. Accordingly, this writ petition is closed. No costs.

20.03.2024 NCC: Yes/No Index:Yes Internet:Yes vrn 3/5

To 1.The Regional Transport Officer, O/o. The Regional Transport Officer, Backside of Reliance Petrol Bunk, Dindigul-Palani Road, Ottanchathiram - 624 619.

2.The Superintendent of Police, O/o. the Superintendent of Police, Kajamalai Colony, Trichy District.

3.The Inspector of Police, O/o. the Inspector of Police, Thuvarankurichi Police Station, Trichy District.

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B.PUGALENDHI, J.

vrn Order made in 20.03.2024 5/5