Disposed

Sivakumar v. the Additional Superintendent of Police

Madras HC1 Feb 2024WP/2130/2024

Case brief

AI extract

What is this about?

Auction purchaser sought mandamus directing RTO Puducherry to issue No Objection Certificate and RTO Tindivanam to transfer vehicle registration into his name. Court disposed the petition directing the second respondent to notify any required documents within one week and thereafter grant the NOC in accordance with law. No costs awarded.

What did the court decide?

Petition disposed with direction: respondent 2 to give notice for any required documents within one week and thereafter grant NOC in accordance with law.

Sivakumar Vs the Additional Superintendent of Police — Madras HC (2024) — LawSathi Research

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W.P.No.2130 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 01.02.2024

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CORAM

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THE HONOURABLE MS.JUSTICE R.N.MANJULA

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W.P.No.2130 of 2024

Thiru.Sivakumar

... Petitioner

Vs.

1.The Additional Superintendent of Police, Head Quarters, Villupuram, Villupuram District.

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2.The Regional Transport Officer, Puducherry.

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3.The Regional Transport Officer, Villupuram.

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4.The Regional Transport Officer, Tindivanam. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the second respondent, the Regional Transport Officer, Puducherry to give No Objection Certificate to transfer the Registration Certificate in the name of the petitioner for the vehicle bearing Registration No.PY 05 D 6889 and after getting the No Objection Certificate, the fourth respondent may be directed to transfer the registration certificate in the name of the petitioner M.Sivakumar.

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For Petitioner : Mr.A.N.Rajan

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Page No.1 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.No.2130 of 2024

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For Respondents : Mr.R.Sridhar,AGP for R2 Mr.S.Nanmaran, SGP for R3 & R4

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ORDER

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This Writ Petition has been filed seeking issuance of a Writ of

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Mandamus, to direct the second respondent, the Regional Transport Officer, Puducherry to give No Objection Certificate to transfer the Registration Certificate in the name of the petitioner for the vehicle bearing Registration No.PY 05 D 6889 and after getting the No Objection Certificate, the fourth respondent may be directed to transfer the registration certificate in the name of the petitioner M.Sivakumar.

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2 . Heard Mr.A.N.Rajan, learned counsel for the petitioner, Mr.R.Sridhar, learned Additional Government Pleader for R2 and Mr.S.Nanmaran, learned Special Government Pleader for R3 & R4.

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3. The petitioner is a successful bidder of the vehicle auctioned in

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the auction sale held on 28.06.2022. The vehicle subjected to auction was

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bearing PY 05 D 6889 Verna Car and the auction purchase price was Rs.4,08,280/-. Despite the auction purchase price has been fully paid, the

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Page No.2 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.No.2130 of 2024

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Registration Certificate has not been effected in the name of the petitioner. Therefore, he is before this Court with the above prayer.

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4. The learned counsel for the petitioner submitted that the petitioner has given a representation to the third respondent and pursuant to that, the third respondent has also written a letter to the second respondent on 01.11.2022 and continued with a remainder. So far, the second respondent has not issued any No Objection Certificate for the petitioner in order to effect change of registration.

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5. The learned Additional Government Pleader for the second respondent submitted that the No Objection Certificate would have been issued, if the petitioner complied the due procedure of producing the necessary documents as required by the second respondent.

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6. However, the learned counsel for the petitioner submitted that

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the petitioner has not received any such communication from the second respondent.

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7. If the second respondent is in need of any documents from the

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Page No.3 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.No.2130 of 2024

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petitioner, he shall effect notice regarding the same to the petitioner within a period of one week from the date of receipt of a copy of this order. On receipt of such notice, the petitioner shall co-operate by producing the necessary documents. Thereafter, the second respondent shall grant No Objection Certificate to the petitioner in a manner known to law.

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8 . With the above observations, this Writ Petition is disposed. No

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costs. Index : Yes /No Internet : Yes/No Speaking / Non-speaking Neutral Citation : Yes / No gsk NOTE : Issue order copy today (01.02.2024).

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01.02.2024

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Page No.4 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.No.2130 of 2024

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1.The Additional Superintendent of Police, Head Quarters, Villupuram, Villupuram District.

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2.The Regional Transport Officer, Puducherry.

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3.The Regional Transport Officer, Villupuram.

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4.The Regional Transport Officer, Tindivanam.

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Page No.5 of 6

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https://www.mhc.tn.gov.in/judis

W.P.No.2130 of 2024

R.N.MANJULA, J.

gsk

W.P.No.2130 of 2024

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01.02.2024

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Page No.6 of 6

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https://www.mhc.tn.gov.in/judis

Sivakumar v. the Additional Superintendent of Police

Case brief

What is this about?

What did the court decide?

Sivakumar v. the Additional Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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