Madras High Court
Sudalimuthu vs The Regional Transport Officer on 6 September, 2021
W.P.(MD)No.860 of 2021
Sudalimuthu v. The Regional Transport Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
W.P.(MD)No.860 of 2021
and
W.M.P(MD).No.714 of 2021
Sudalimuthu ... Petitioner
-Vs-
1.The Regional Transport Officer,
Regional Transport Office,
Tirunelveli.
2.The Inspector of Police,
Sivalaperi Police Station,
Sivalaperi,
Tirunelveli District.
3.The Branch Manager,
Shriram Transport Finance Ltd.,
25 M P M Shopping Complex,
Tirunelveli 627 001. ... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of
India praying for the issuance of a Writ of Mandamus, directing the
first respondent not to cancel or transfer the registration certificate
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W.P.(MD)No.860 of 2021
Sudalimuthu v. The Regional Transport Officer
in vehicle number TN-72BK-1171, based on the petitioner's
representation, dated 17.12.2020.
For Petitioner : Mr.J.Senthil Kumar
For Respondents : Mr.D.Ghandiraj
Government Advocate
ORDER
Prayer sought for herein is for a Writ of Mandamus,
directing the first respondent not to cancel or transfer the
registration certificate in vehicle No.TN-72BK-1171, based on the
petitioner's representation, dated 17.12.2020.
2.Though it is the case of the petitioner that, he
purchased a JCB machine, which got registered with registration
No.TN-72BK-1171 at the concerned RTO office, it seems that the
vehicle was purchased by the petitioner by availing the financial
assistance from the third respondent, and in this context, it is the
case of the petitioner that the petitioner has paid back the entire
loan amount to the third respondent, however, it seems that there
has been some due payable to the third respondent, and in this
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W.P.(MD)No.860 of 2021
Sudalimuthu v. The Regional Transport Officer
context, the third respondent seems to have approached the RTO
for name transfer of the vehicle in the registration certificate.
3.Only in that context, the petitioner, after coming to
know that the vehicle in question, since has been taken by the third
respondent, for the purpose of registering the same in his name,
has approached the first respondent after giving complaint to the
second respondent on 17.12.2020, seeking the first respondent not
to register in RC book the name of the third respondent, without
the knowledge of the petitioner, and the said representation and
request, dated 17.12.2020 of the petitioner since has not been
considered, according to the petitioner, he has approached this
Court by filing the present writ petition with the aforesaid prayer.
4.Heard Mr.J.Senthil Kumar, learned counsel appearing
for the petitioner, who, after having reiterated the aforesaid, would
seek indulgence of this Court to issue a mandamus.
5.Heard Mr.D.Ghandiraj, learned Government Advocate
appearing for the respondents, who has relied upon the following
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W.P.(MD)No.860 of 2021
Sudalimuthu v. The Regional Transport Officer
averments made in the counter affidavit filed by the first
respondent:
“5.I respectfully submit that the
averments in Para 6 regarding the judgment of
Hon'ble Apex Court reported in 2007(2) SCC 711 is
the guidelines given by the Hon'ble Supreme Court
to the authorities concerned. I respectfully submit
that the petitioner has made a representation,
dated 17.12.2020, requesting not to effect name
transfer in respect of JCB bearing registration
No.TN 72 BK 1171 from his name to any one's
name. I respectfully submit that on receipt of the
said representation of the petitioner, we have made
entry in the registration Certificate and Blacklisted
the vehicle on 21.12.2020.
6.I respectfully submit that this
respondent has to act as per Sec.51(5) of Motor
Vehicles Act, if an application in Form 36 to effect
name transfer is filed in a prescribed form and
effect name transfer as per express provisions of
law and after conducting enquiry with the
petitioner and 3rd respondent. I respectfully submit
that the petitioner has no right or authority to seek
a relief against this respondent restraining this
respondent from doing their statutory duty. I
respectfully submit that it is a bounden duty of this
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W.P.(MD)No.860 of 2021
Sudalimuthu v. The Regional Transport Officer
respondent to effect name transfer of any vehicle, if
it is produced with all proper documents and
attached with requisite forms. I respectfully submit
that as the prayer of the petitioner is not to effect
name transfer, if submitted by the 3rd respondent,
would be against the express provisions of law. I
respectfully submit that the petitioner is not
entitled for the interim relief claimed as well as the
main relief sought for by him. I respectfully submit
that if any application is submitted for name
transfer, we will issue notice to the petitioner and
enquire him before effecting name transfer. Hence,
the present writ petition filed for issuance of Writ
Mandamus is not maintainable in law and liable to
be dismissed”.
6.By relying upon the said averments, the learned
Government Advocate would submit that, if at all any application is
submitted either by third respondent or any other person seeking
for transfer of name in the registration certificate, by taking into
account the representation submitted by the petitioner, notice
would be given to the petitioner, and after enquiring the petitioner,
needful would be done under the provisions of the Motor Vehicles
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W.P.(MD)No.860 of 2021
Sudalimuthu v. The Regional Transport Officer
Act, strictly in accordance with law. Therefore, the petitioner need
not have any apprehension that the first respondent would act upon
against the law, or in this context, it is for the first respondent after
enquiry with the parties concerned to decide as to whether the
person, who seeks such transfer of registration certificate is
entitled to have such a transfer in the eye of law.
7.The said submissions made by the learned counsel
appearing for the parties were heard and I have perused the
materials placed before this Court.
8.Since the stand has been taken by the respondent that,
if any application to transfer the registration certificate comes from
third respondent the same would be enquired into, and in this
regard, after issuing notice to the petitioner and hearing him only,
the decision would be taken in accordance with the provisions of
the Motor Vehicles Act, recording the said stand taken by the
learned Government Advocate, this Court is inclined to dispose of
this writ petition with the following order:
“that the first respondent is hereby directed to
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W.P.(MD)No.860 of 2021
Sudalimuthu v. The Regional Transport Officer
consider the request of the petitioner dated
17.12.2020, and accordingly issue notice to the
petitioner, if any application for transfer of RC
book comes from third respondent or already filed
any such application by third respondent, and in
this regard, after hearing the views or objections
of the petitioner, the needful can be done on any
such application already been filed or to be filed
by the third respondent with regard to the
transfer of RC book, on merits and in accordance
with the provisions of the Motor Vehicles Act.”
9.With these observation and direction, this Writ Petition
is disposed of. However, there shall be no order as to costs.
Consequently, connected miscellaneous petition is closed.
06.09.2021
Index : Yes/No
Internet : Yes/No
PJL
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https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.860 of 2021
Sudalimuthu v. The Regional Transport Officer
R.SURESH KUMAR, J.
PJL
Note : In view of the present lock down
owing to COVID-19 pandemic, a web
copy of the order may be utilized for
official purposes, but, ensuring that the
copy of the order that is presented is the
correct copy, shall be the responsibility of
the advocate/litigant concerned.
To
1.The Regional Transport Officer,
Regional Transport Office,
Tirunelveli.
2.The Inspector of Police,
Sivalaperi Police Station,
Sivalaperi, Tirunelveli District.
W.P.(MD)No.860 of 2021
06.09.2021
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