O.A.A.A.Ap.Annamalai Chettiar v. The Regional Transport Office

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.09.2024

CORAM

THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ O.A.A.A.Ap.Annamalai Chettiar ... Petitioner Vs.

1.The Regional Transport Office, Vairavapuram, 6th Street, College Road, Karaikudi, Sivagangai District - 630 002.

2.AP.V.Sundaram 3.A.Valli @ Valliammai 4.Muthu Adaikappan

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to cancel the Registration Certificate for both the vehicles that stand in the name of Late.OAA.Ananthapadmanabhan Chettiar and to direct the respondents 2 to 4 not to use the vehicles on road till they apply for the transfer of ownership for the vehicles.

For Petitioner : Mr.J.Jus Remedium Mohamed Ashik Jaman For R-1 : Mr.J.K.Jayaselan Government Advocate 1/4

ORDER

The present Writ Petition is filed for Mandamus directing the first respondent to cancel the Registration Certificate for the vehicles standing in the name of Late.OAA.Ananthapadmanabhan Chettiar and to direct the respondents 2 to 4 not to use the vehicles on road till they apply for the transfer of ownership.

2. In view of the limited relief sought for and proposed to be granted by this Court, notice to the respondents 2 to 4 is dispensed with.

3. After submitting for a brief while, the learned counsel for the petitioner would seek liberty of this Court to file a detailed representation including request to the concerned authority to invoke his powers under Section 50 of the Motor Vehicles Act, 1988.

4. The learned Additional Government Pleader appearing for the first respondent would submit that if any such representation is filed, the same would be considered and orders would be passed in accordance with law within a period of eight weeks, which was accepted by the learned counsel for the petitioner.

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5. Recording the same, this Writ Petition is disposed of granting liberty to the petitioner to file a fresh representation before the appropriate authority within a period of two (2) weeks from the date of receipt of a copy of this order. If any such representation is filed, the same shall be considered and orders shall be passed in accordance with law, after affording reasonable opportunity of hearing to the petitioner, respondents 2 to 4 and any other interested persons/stake holders, within a period of eight (8) weeks thereafter. It is made clear that this Court has not expressed any views with regard to the merits of the representation and it is open to the concerned authority to consider the representation on its own merits and in accordance with law. There shall be no order as to costs.

30.09.2024 Index : Yes / No Internet : Yes/ No Lm To The Regional Transport Office, Vairavapuram, 6th Street, College Road, Karaikudi, Sivagangai District - 630 002.

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MOHAMMED SHAFFIQ , J.

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