Madras High CourtWP(MD)/21102/2022disposed of

Andrew Jebaraj Samuel.V v. The Regional Transport Officer

2022-09-07Honourable Mr Justice Mohammed Shaffiq5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.09.2022

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ V.Andrew Jebaraj Samuel ... Petitioner Vs.

1. The Regional Transport Officer, The Regional Transport Office, District Collectorate, Ramanathapuram.

2. The Secretary, The Regional Transport Officer, The Regional Transport Office, Madurai Central, Madurai.

3. Stephen Samuel ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the Respondents 1 and 2 to confiscate the Insurance Expired Honda City 2005 model car bearing Registration No.TN-38-AA-2424 and to take appropriate action against the

3rd Respondent for violating the Motor Vehicles Act, 1988 and The Tamil Nadu Motor Vehicles Rules, 1989.

For Petitioners :

Mr.R.Muruga Poopathy For Respondents :

Mr.P.Subbaraj Spl. Govt. Pleader for R1 & R2

O R D E R

This Writ Petition is filed praying for a Mandamus directing the Respondents 1 and 2 to confiscate the Insurance Expired Honda City 2005 model car bearing Registration No.TN-38-AA-2424 and take appropriate action against the 3rd Respondent for violating the Motor Vehicles Act, 1988 and The Tamil Nadu Motor Vehicles Rules, 1989.

2. By consent of both parties, this Writ Petition is disposed of at the time of admission itself. Since no adverse order is proposed to be passed at this stage, no notice is required to be served on the 3rd Respondent.

3. The Petitioner had purchased a Honda City Car bearing Registration No.TN-38-AA-2424 in the year 2005 and the same was sold to

the 3rd Respondent on 21.03.2021. The Petitioner had issued FORM-29 & FORM-30 to transfer the ownership of the vehicle and issued Delivery Note and Insurance Name Transfer Form.

4. The learned counsel appearing for the Petitioner submits that despite such intimation in FORM-29 & FORM-30, the 3rd Respondent has not renewed the car insurance nor has intimated the 1st Respondent about the change in ownership. Hence, the petitioner submitted a representation, dated 15.01.2022 to the 1st Respondent. However, the name has not been transferred till date. Hence, the present writ petition.

5. In response, the learned Special Government Pleader appearing for the official respondents submitted that the representation of the petitioner has been received by the 1st Respondent and on considering the representation, appropriate orders would be passed.

6. Recording the same, this Writ Petition is disposed of, with the direction to the 1st Respondent to dispose of the petitioner's representation

dated 15.01.2022 after affording an opportunity to the Petitioner as well as the 3rd Respondent, within a period of eight weeks from the date of receipt of a copy of this order. No costs.

07.09.2022 Index : Yes / No Speaking Order : Yes / No vji To

1. The Regional Transport Officer, The Regional Transport Office, District Collectorate, Ramanathapuram.

2. The Secretary, The Regional Transport Officer, The Regional Transport Office, Madurai Central, Madurai.

MOHAMMED SHAFFIQ, J.

vji 07.09.2022