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1964 Supreme(Mad) 90

VEERASWAMI
T. V. Ramaswami Chettiar – Appellant
Versus
Regional Transport Officer, Nilgiris – Respondent


Advocates:
S. Palaniswami, for Petitioner; K. Venkataswami for Addl. Govt. Pleader, for Respondents.

Judgement

JUDGMENT :- The petitioner's registration certificate for his car, MDN 4820, was suspended for a period by the registering authority, the appellate authority agreeing with it, on a charge that he plied the car illicitly as a taxi in violation of S. 33(1)(b) of the Motor Vehicles Act. The petitioner seeks to quash the suspension of the certificate on the ground that a copy of the check report of the police officer, which led to framing of the charge and suspension of the certificate, was not furnished to him at any stage.

2. Section 33(1) states that if any registering authority has reason to believe that any motor vehicle within its jurisdiction has been used for hire, such authority in may, after giving the owner an opportunity of making any representation he may wish to make, for reasons to be recorded in writing, suspend the certificate of registration of the vehicle for a period not exceeding four months. The principal elements of this Sub-Section are (i) the registering authority should not merely believe but should have reason to believe; (ii) should give its reasons in

writing for suspending the certificate and (iii) before the authority comes to a conclusion it shoul





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