P.R.Rajendran vs The Registering Authority Cum
2025 Latest Caselaw 5197 Mad

Citation : 2025 Latest Caselaw 5197 Mad
Judgement Date : 23 June, 2025

Madras High Court

P.R.Rajendran vs The Registering Authority Cum on 23 June, 2025

                                                                                              WP NO. 22453 of 2025

                            IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                              DATED: 23.06.2025
                                                       CORAM
                                  THE HONOURABLE MRS JUSTICE N. MALA
                                             WP NO. 22453 of 2025

                P.R.Rajendran                                                            ...Petitioner

                                                           Vs.
                The Registering Authority cum-
                Regional Transport Officer,
                Salem South,
                Salem.
                                                                       ..Respondent
                Prayer : Writ Petition is filed under Article 226 of Constitution of India for
                issuance of writ of Mandamus, directing the respondent herein to re-register
                the petitioner's bus PY-05/X-9789, without insisting for disposal of criminal
                case pending against the driver for fatal accident, forthwith.
                          For Petitioner     : Mr.K.Hariharan
                          For Respondent : Mr.V.Manoharan
                                           Additional Government Pleader

                                                       ORDER

This petition has been filed to direct the respondent herein to re-register

the petitioner's bus PY-05/X-9789, without insisting for disposal of criminal

case pending against the driver for fatal accident, forthwith.

2. The case of the petitioner is that, he is a tour operator in Pondicherry

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and Tamilnadu, having All India and contract carriage omni bus permits issued

by the State Transport Authority, Pondicherry and Tamilnadu. The petitioner

is plying buses in Tamilnadu, Puducherry and other States. On 03.04.2025, the

State Transport Authority Tamilnadu, granted a fresh contract carriage permit

(omni bus) valid from 01.04.2025 to 30.06.2025, with a direction to produce

the valid records of the vehicle. In order to produce the valid records of the

vehicle before the STA Chennai, the petitioner brought his Puducherry State

registered omni bus bearing Reg.No.PY-05/X-9789, to Tamilnadu after

obtaining NOC from Puducherry RTO to re-register the vehicle with the

respondent.

3. The petitioner submitted the application for re~registration of the

vehicle to the respondent along with all the relevant documents.

The respondent called for Police report regarding the pendency, if any, of

criminal cases against the petitioner's vehicle. The Police Report revealed that

there was a fatal accident case pending against the driver of the bus. In view of

the Police Report, the respondent communicated to the petitioner on

23.05.2025, stating that his request for re-registration would be considered

only after the disposal of the fatal accident case. Since the vehicle's records

had to be produced before 30.06.2025, and failure to re-register the vehicle

before 30.06.2025, the permit would lapse, the petitioner filed the writ petition

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for the aforesaid relief.

4. Learned counsel for the petitioner drew the attention of this Court to

the judgment of this Court in W.P.No.18071 of 2021 dated 31.08.2021,

wherein it has been held as follows:

7. In the considered view of this Court, Section 47 of the Act and the Rules does not place any restraint or restriction in the re~registration of the vehicle, where F.I.R., has been registered as against the driver of the vehicle. There is no indication in any of these provisions that, such re~registration cannot be done pending investigation in a F.I.R., by the police. The circular issued by the Transport Commissioner cannot overrule the Act and the Rules and it has to necessarily fall within the parameters of the provisions of the Act and the Rules.

Even otherwise, the circular deals with a case where the vehicle is involved in a theft or other criminal case. In the present case, it is the driver who was involved in a fatal accident case and therefore, strictly speaking, even the circular will not apply to the facts of the present case.

8. In view of the above discussion, there shall be a direction to the respondent to act upon the application for re~registration of the vehicle and proceed to re~register the vehicle in accordance with Section 47 of the Act and Rule 54 of the Rules and complete the process within a period of four weeks from the date of receipt of a copy of this order.

5. Heard the learned counsel on either side and perused the materials

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available on record.

6. Considering the similarity of facts and issue in the W.P.No.18071 of

2021, I am of the view that the aforesaid order squarely applies to the facts of

the present case. In view of the same, the respondent is directed to act upon the

petitioner's application dated 31.12.2024, for re-registration of the vehicle and

proceed to re-register the vehicle in accordance with Section 47 of the Act and

Rule 54 of the Rules and complete the process within a period of four(4) weeks

from the date of receipt of a copy of this order.

7. Accordingly, this writ petition is disposed of. No costs.

23.06.2025 (2/2) Index :Yes/No Internet :Yes/No msv