Geetha S v. The Regional Transport Authority

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and W.M.P.(MD)No.7632 of 2025 S.Geetha ... Petitioner -vs1.The Regional Transport Authority, Tiruchirapalli, Tiruchirapalli District.

2.The Regional Transport Officer, Tiruchirapalli West, Tiruchirapalli.

3.P.Mani 4.Vasanthi ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records pertaining to the proceedings of the first respondent in Se.Mu.Aanai No.42573/A4/2024 dated 24.03.2025 and quash the same as illegal and unsustainable.

For Petitioner : Mr.R.Govindaraj For R1 and R2 : Mr.C.Venkatesh Kumar Special Government Pleader

ORDER

This Writ Petition is filed challenging the proceedings of the first respondent, dated 24.03.2025.

2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

3. Since no adverse orders are going to be passed against the respondents 3 and 4, notice to the respondents 3 and 4 is hereby dispensed with.

4. The learned counsel appearing for the petitioner submits that the petitioner has purchased the vehicle in question in a bona fide manner. However, without proper application of mind and after lapse of nine months from the death of Palaniyandi, the previous owner of the vehicle, the first respondent has issued the impugned proceedings at the instance of the third respondent, who is the son of the deceased previous owner of the vehicle. Therefore, the impugned proceedings are liable to be set aside.

5. The learned Special Government Pleader appearing for the respondents 1 and 2 submits that the petitioner is having an appeal remedy before the concerned Deputy Transport Commissioner under Rule 127 of the Tamil Nadu Motor Vehicles Rules, 1989. However, without invoking the appeal remedy, the petitioner has straightaway approached this Court.

6. Recording the submission made by the learned Special Government Pleader that the petitioner is having an appeal remedy before the concerned Deputy Transport Commissioner under Rule 127 of the Tamil Nadu Motor Vehicles Rules, 1989, this writ petition is disposed of, with liberty to the petitioner to approach the appellate authority and raise all the grounds raised in this writ petition in the appeal. In the event, if any appeal is filed within a period of two weeks from the date of receipt of a copy of this order, the same shall be entertained by the appellate authority and disposed of in accordance with law, after giving due opportunity to the petitioner as well as the respondents 3 and 4 within a period of six months thereafter. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. NCC : Yes / No 21.04.2025 Index : Yes / No

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 Authority, Tiruchirapalli, Tiruchirapalli District.

2.The Regional Transport Officer, Tiruchirapalli West, Tiruchirapalli.

VIVEK KUMAR SINGH , J.

smn2 21.04.2025