K.Muthuvel v. The Zonal Transport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.11688 of 2025 K.Muthuvel ... Petitioner -vs1. The Zonal Transport Officer, Tirunelveli Zonal Transport Authority, Tirunelveli (RTO) Office Upstairs, No.111, N.G.O. Colony, Palayamkottai, Tirunelveli - 627 007.

2. The Regional Transport Officer, Regional Transport Office, Tiruchendur, Thoothukudi District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 1st and 2nd respondents herein to change the Name Transfer in the R.C.Book, Insurance and Road Tax by surrendering petitioner's vehicle TATA SUMO VICTA White Colour car bearing Registration No.TN58 Z 8883 based on the petitioner's representation dated 17.03.2025 within the time frame to be stipulated by this Court. For Petitioner : Mr.S.Mandhiralingeswaran For Respondents : Mr.C.Venkatesh Kumar Spl. Govt. Pleader 1/6

ORDER

This writ petition has been filed seeking a direction to the 1st and 2nd respondents to make name transfer in the R.C.Book, Insurance and Road Tax by surrendering the petitioner's vehicle TATA SUMO VICTA White Colour car bearing Registration No.TN58 Z 8883, based on the petitioner's representation dated 17.03.2025 within the time frame to be stipulated by this Court.

2. By consent of both parties, this writ petition is disposed at the stage of admission itself.

3. The petitioner purchased the aforementioned vehicle through sale contract basis and wants to change the name in R.C.Book, Insurance and Road Tax of the said vehicle. Hence, the petitioner filed this writ petition seeking the aforesaid relief.

4. The learned counsel appearing for the petitioner submits that though larger relief has been sought for by the petitioner, now, he confines the prayer that it would suffice if the representation of the petitioner is disposed of in 2/6

accordance with law. The petitioner made a representation to the respondents dated 17.03.2025 seeking for the aforesaid relief.

5. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, nonconsideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

6. In the light of the above observations, there shall be a direction to the second respondent to consider the petitioner's representation dated 17.03.2025, on its own merits and pass appropriate orders in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the respondents to consider the same on its own merits.

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7. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. 24.04.2025 NCC : Yes/No Index : Yes / No sm 4/6

TO:-

1. The Zonal Transport Officer, Tirunelveli Zonal Transport Authority, Tirunelveli (RTO) Office Upstairs, No.111, N.G.O. Colony, Palayamkottai, Tirunelveli - 627 007.

2. The Regional Transport Officer, Regional Transport Office, Tiruchendur, Thoothukudi District.

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VIVEK KUMAR SINGH, J.

sm Order made in W.P.(MD)No.11688 of 2025 Dated:

24.04.2025 6/6