The petitioner sought a writ of mandamus for registration of repossessed vehicles. After the bank provided requisite forms, the Court directed the RTO to effect registration within one month.
Petitioner directed to collect Form 29 and 30 from the bank; RTO to register vehicle within one month of receipt of application and documents.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.19946 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.12.2022
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.No. 19946 of 2022
Jegan Meganathan
.. Petitioner
Vs.
Prayer : Writ Petition has been filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the respondents to transfer the ownership of the vehicle bearing Registration Nos.TN-97-Y-7526 and TN-97Y-7522 in the petitioner's name within the time frame fixed by this Court.
For Petitioner : Mr.R.Suresh Kumar for M/s.K.M.Vijayan Associates
For Respondent 1 : Mrs.R.Anitha Spl. Government Pleader
For Respondent 2 : Mr.C.S.Kiran
O R D E R
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The petitioner purchased repossessed vehicles from the second
respondent and now direction is sought for registration of the same by the first respondent.
order viz.,
"Learned Special Government Pleader appearing for the First Respondent, on instructions, states that proceedings have to be taken for cancellation of the registration certificate in the name of the previous registered owner of the vehicle and transfer it to the name of the Second Respondent, who could thereafter make necessary application for transfer of the vehicle in favour of the petitioner following the prescribed procedure under relevant provisions and the action taken in that regard would be informed on the next hearing."
Government Pleader, wherein it is stated that now the transfer has been effected on the HDFC Bank namely the financier and the HDFC bank has submitted Form 29 and 30. The petitioner has to collect the forms viz., Form 29 and 30 from the HDFC bank along with insurance and other documents to
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the RTO, Nagapattinam. Once these documents are submitted, registration will be effected.
21.12.2022
Index : Yes / No kk
To
The Regional Transport Officer, Aarani, Tiruvannamalai District.
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W.P.No.19946 of 2022
N.SATHISH KUMAR, J.
kk
W.P.No.19946 of 2022
21.12.2022
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2 issues framed by the court
Whether the petitioner is entitled to be directed to register repossessed vehicles purchased from the second respondent.
Whether the Regional Transport Officer and the Bank are directed to facilitate the transfer of ownership and registration of the vehicle.
1 provisions across 1 enactments
Jegan Meganathan
The Regional Transport Officer, Aarani, Tiruvannamalai District
The Manager, HDFC Bank Ltd., Gandhi Nagar, Katpadi, Vellore
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
