The Court directed the Deputy Commissioner of Transport to dispose of the petitioner's appeal regarding illegal vehicle transfers within six weeks, ensuring a hearing for the petitioner and affected parties.
Direction to dispose the pending appeal within six weeks after hearing the petitioner and affected parties.
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W.P.No.92 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.01.2026
CORAM
THE HON'BLE Mr. JUSTICE V.LAKSHMINARAYANAN
W.P.No.92 of 2026
Prabhavathy
... Petitioner
Vs.
W.P.No.92 of 2026
... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, directing the first respondent to dispose the appeal dated 05.09.2025 and acknowledged by the first respondent in Lr.No.36379/HB2/2025, dated 04.10.2025.
For Petitioner : Ms.U.Santhanalakshmi
For Respondents : Mr.M.Shajahan Special Government Pleader
O RDER
This Writ Petition has been filed for a direction to direct the
first respondent to dispose the petitioner’s appeal dated 05.09.2025.
Page 2 of 6
W.P.No.92 of 2026
brother Sivaganam were carrying on business under the name and style of “M/s.SSS Crane Service” at Kancheepuram. Sivakumar passed away on 21.02.2018, leaving behind his mother Poiyathammal, two minor children viz., Saranraj and Haswinraj and the petitioner as his legal heirs. The petitioner alleges that her brother-in-law, Sivaganam, had sold four earth moving vehicles, registrations of which stood in the name of her husband Sivakumar, without her consent. On account of the transfer, the vehicles now stand in the name of one S.Gunaseelan, son of Sivasubramanian.
as “the MV Act”) shows that from an order of transfer passed under Section Page 3 of 6
W.P.No.92 of 2026 50 of the MV Act, an appeal lies under Section 57 of the MV Act. Similarly, against the order of a registering authority, under the Rule 127 of the Tamil Nadu Motor Vehicle Rules, 1998, an appeal lies before the Deputy Transport Commissioner.
since the same is pending, I am inclined to give a direction for earlier disposal. The appeal shall be disposed within a period of six weeks from the date of receipt of a copy of this Order. It is needless to add, before any order is passed, the first respondent shall hear the petitioner and all parties who might be affected by the order.
There shall be no order as to costs.
08.01.2026
Index : Yes/No Neutral Citation : Yes/No Speaking order/Non-speaking order
rts
Page 4 of 6
W.P.No.92 of 2026
To
Chennai – 600 005.
W.P.No.92 of 2026
V.LAKSHMINARAYANAN, J.
rts
W.P.No.92 of 2026
08.01.2026
Page 6 of 6
1 issue framed by the court
Whether the Deputy Commissioner of Transport must dispose of the pending appeal against the illegal transfer of motor vehicles?
3 provisions across 2 enactments
Prabhavathy
The Deputy Commissioner of Transport, Ezhilagam, Chepauk, Chennai – 600 005
The Regional Transport Officer, Chennai (South West) No.47 & 49, Kaliamman Koil Street, Sai Nagar, Virugambakkam, Chennai – 600 092
The Regional Transport Officer, No.5, Kalnarmapuram, Ex-Serviceman Welfare Association Compound, Pudukottai, Tamil nadu 622 001
The Regional Transport Officer, Coimbatore (South) No.100, Peelamedu – Pudur Main Raod, Peelamedu, Nehru Nagar West, Coimbatore, Tamil Nadu – 641 004
The Regional Transport Officer, No.79, Pattunool Chatram, Government Hospital Backside, SH110, Katchipedu, Sriperumbudur, Tamil Nadu – 602 105
V.LAKSHMINARAYANAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
