Madras High CourtWP(MD)/30586/2024disposed of

S.Rejin v. The Regional Transport Authority

2024-12-18Honourable Mr Justice K.Kumaresh Babu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU S.Rejin ... Petitioner /vs./ 1.The Regional Transport Authority, Marthandam, Office at Tiruvithancode, Mulagumoodu - Colachal Road, Kanyakumari District.

2.The Regional Transport Officer, Marthandam, Office at Tiruvithancode, Mulagumoodu - Colachal Road, Kanyakumari District.

3.R.Ravin Raj ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, direct the 2nd respondent to conclude the enquiry conducted vide the notice in Na.Ka.No. 58827-E2-2024 dated 25.04.2024 U/s 50 and 51 of the Motor Vehicles Act 1988 and Rule 55 and 57 of the Central Motor 1/4

Vehicle Rules 1989 to transfer the ownership of the vehicle bearing registration number TN 74 U 5530 in petitioner's name within a time stipulated. For Petitioner : Mr.K.P.Krishna Doss For R1 and R2 : Mr.R.Suresh Kumar Additional Government Pleader

ORDER

The prayer sought for in this writ petition is to conclude an enquiry made pursuant to the enquiry notice dated 25.04.2024 under Sections 50 and 51 of the Motor Vehicles Act, 1988 and to transfer the ownership of the vehicle in the name of the petitioner.

2. Even though the petitioner had prayed for transfer of certificate, this Court is not inclined to grant such positive direction. However, considering the fact that the notice had been issued on 25.04.2024 by the second respondent on the application made by the petitioner, there shall be a direction to the second respondent to conclude the enquiry initiated under Notice in Na.Ka.No. 58827/E2-2024 dated 25.04.2024 within a period of four weeks from the date of receipt of a copy of this order. In view of the limited order granted by this Court, notice to the third respondent is dispensed with. It is made clear that the second 2/4

respondent shall provide an opportunity to the third respondent before passing orders.

3. With the aforesaid directions, the Writ Petition stands disposed of. However, there shall be no order as to costs. Index : Yes / No 18.12.2024 Internet : Yes / No mm To 1.The Regional Transport Authority, Marthandam, Office at Tiruvithancode, Mulagumoodu - Colachal Road, Kanyakumari District.

2.The Regional Transport Officer, Marthandam, Office at Tiruvithancode, Mulagumoodu - Colachal Road, Kanyakumari District.

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K.KUMARESH BABU, J.

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