Petitioners sought transfer of ownership of a drilling rig vehicle based on a document signed by the fourth respondent to settle a loan; the fourth respondent later objected. The Transport Officer's rejection was upheld as the dispute was civil in nature and should be pursued before the civil court.
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W.P.No.2365 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.10.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.2365 of 2020 and
W.M.P.No.2759 of 2020
1.Karupayal
2.S.Vadivel
.... Petitioners
Vs
1.The Regional Transport Officer, Gobichettipalayam, Erode District.
2.The Inspector of Police, District Crime Branch, Erode District, Erode.
3.The Sub Inspector of Police, Varappalayam Police Station, Erode District - 638 460.
4.S.Subbian
.... Respondents
Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings dated 10.09.2019 passed in Na. Ka. No. 36990/E3/2019 on the file of the 1st respondent, quash the same and consequently direct the 1st respondent herein to effect transfer of ownership in
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W.P.No.2365 of 2020
respect of “Vehicle Fitted Drilling Rigs” bearing Registration No. TN 36 Q 5469 in the name of the 2nd petitioner.
For Petitioner : K.Govi Ganesan For R1 to R3 : Mr.S.Jayachandran Government Advocate For R4 : No Appearance
ORDER
This Writ Petition has been filed challenging the order passed by
the first respondent dated 10.09.2019, thereby rejected the request made by the petitioner for transfer of ownership in respect of the vehicle Fitted Drilling Rigs bearing Registration No.TN 36 Q 5469 in the name of the second petitioner.
learned Government Advocate appearing for the respondents 1 to 3 and perused the materials available on record.
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W.P.No.2365 of 2020
application, the fourth respondent raised objections to the transfer of ownership. Therefore, the first respondent rightly rejected the request made by the petitioner seeking transfer of ownership in respect of the vehicle bearing Registration No.TN 36 Q 5469.
in the order passed by the first respondent. Thus, the writ petition lacks merit and is liable to be dismissed. Accordingly, this writ petition stands dismissed. Consequently, connected miscellaneous petition is closed. No costs.
29.10.2024
Internet: Yes Index : Yes/No Speaking/Non Speaking order Lpp
G.K.ILANTHIRAIYAN. J,
Lpp
To
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W.P.No.2365 of 2020
1.The Regional Transport Officer, Gobichettipalayam, Erode District.
2.The Inspector of Police, District Crime Branch, Erode District, Erode.
3.The Sub Inspector of Police, Varappalayam Police Station, Erode District - 638 460.
W.P.No.2365 of 2020
29.10.2024
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1 issue framed by the court
Whether the Regional Transport Officer rightly rejected the petitioners' application for transfer of ownership of vehicle TN 36 Q 5469.
1 provisions across 1 enactments
Karupayal
S.Vadivel
The Regional Transport Officer, Gobichettipalayam, Erode District
The Inspector of Police, District Crime Branch, Erode District, Erode
The Sub Inspector of Police, Varappalayam Police Station, Erode District
S.Subbian
G.K.Ilanthiraiyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
