Viswakumar R v. The Regional Transport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2024

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN W.P.(MD)No.9636 of 2024 and W.M.P.(MD)No.8738 of 2024 R.Viswakumar ... Petitioner Vs.

1.The Regional Transport Officer, Madurai North, Opposite to Mattuthavani Bus Stand, Near Pudukulam, TNSTC Depo.

K.Pudur, Madurai - 625 007.

2.Vaighai Motorcycles Pvt. Ltd., D.No.167, Theni Main Road, P.P.Nagar Extn., Kochadai, Madurai - 625 016.

3.Manas Mohammed, MNS Consulting, No.18. Khan School, Opp. Ansari Nagar, 4th Street, Mapalayam, 4.I. Sirajudeen, MNS Consulting, No.18. Khan School, Opp. Ansari Nagar, 4th Street, Mapalayam, Page No. 1 of 4

5.The Inspector of Police, SS Colony Police Station, ... Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records of the Impugned Order of the 1st respondent, vide Letter No.21538/A2/2023, dated 24.04.2023, quash the same and further directing the 1st respondent to cancel the Registration Certificate of the Motorcycle of Hero Honda Splendor Plus bearing Registration Number TN-59-AB-7213 standing in the name of the petitioner.

For Petitioner : Mr.I.Robert Chandra Kumar For R1 : Mrs.S.Jeyapriya Government Advocate For R2 and R4 : No Appearance For R5 : Mr.S.Manikandan Government Advocate (Criminal side)

ORDER

The petitioner is aggrieved by the impugned order dated 24.04.2023 of the first respondent Regional Transport Officer, whereby the transfer of registration of the said vehicle has been made in favour of Vagai Motorcycles Pvt. Ltd., the second respondent herein. Page No. 2 of 4

2. It is noticed that the petitioner has an alternate remedy against the above said order under Section 57 of the Motor Vehicles Act, 1988.

3. Under these circumstances, this Writ Petition is dismissed with liberty to the petitioner to file an appeal before the Appellate Authority under Section 57 of the Motor Vehicles Act, 1988, within a period of 30 days from the date of receipt of a copy of this order. The petitioner shall also implead necessary parties in the proposed appeal. No costs. Consequently, connected Miscellaneous Petition is closed. Index : Yes/ No 26.06.2024 Speaking Order / Non-Speaking Order smn2 Note:- Registry is directed to return the original impugned order to the learned counsel for the petitioner after substituting attesting photocopy of the same.

To 1.The Regional Transport Officer, Madurai North, Opposite to Mattuthavani Bus Stand, Near Pudukulam, TNSTC Depo.

K.Pudur, Madurai - 625 007.

2.The Inspector of Police, SS Colony Police Station, Page No. 3 of 4

C.SARAVANAN , J.

smn2 26.06.2024 Page No. 4 of 4