Madras High CourtWP(MD)/9478/2020dismissed

S.Deivendran v. The Regional Transport Officer

2020-08-18Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.9478 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.9478 of 2020 and W.M.P.(MD)No.8569 of 2020 S.Deivendran ... Petitioner Vs.

1.The Regional Transport Officer, Regional Transport Office, Madurai West, Court Campus, Puthukulam, K.Puthur, Madurai-625 007.

2.S.Vetriselvam ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records of the first respondent pertaining to Na.Ka.No.56686/A2/2019, dated 25.07.2020 and to declare the same as null and void as it was issued arbitrary and illegal without authority and in violation of the Act and Rules.

For Petitioner :

Mr.A.Senthilkumar For R1 :

Mr.M.Rajarajan Additional Government Pleader

O R D E R

Heard the learned counsel on either side.

2. The petitioner challenges the impugned notice issued by the first respondent. The matter pertains to name change in respect of the car that belonged to the petitioner's father. The first respondent has called upon the petitioner to explain as to how the name change had taken place even though the petitioner had not obtained consent from the other legal heirs. The petitioner has an explanation to offer.

3. I am of the view that this explanation should be projected not in a Writ Petition, but, in a reply to the first respondent. The impugned notice by itself does not affect any of the rights of the writ petitioner. If the first respondent passes any adverse order, the petitioner can always come to this Court for relief. Therefore, leaving open all the rights of the writ petitioner and permitting him to respond the impugned notice within a period of one week from the date of receipt of a copy of this order, the Writ https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.9478 of 2020 Petition stands dismissed at the admission stage in limine. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) Tsg Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To The Regional Transport Officer, Regional Transport Office, Madurai West, Court Campus, Puthukulam, K.Puthur, Madurai-625 007.

+1 CC to M/s.GP ( SR-14528[F] dated 20/08/2020 ) W.P.(MD)No.9478 of 2020 18.08.2020 KK(27/08/2020) 2 P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2