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2025 Supreme(Online)(Mad) 63948
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.MALA, J
S.GANESAN – Appellant
Versus
THE TRANSPORT COMMISSIONER (VEHICLE DEPARTMENT) – Respondent
Writ Petition No.30540 of 2025
For the Appellants/Petitioners: Mr.T.V.G.Kartheeban
For the Respondents: Mr.M.Shajakhan
Administrative authorities must consider petitions on merits and without undue delay, ensuring compliance with legal obligations.
Headnote:(A) Constitution of India - Article 226 - Writ of Mandamus - The petitioner sought to remove a block on the registration of a lorry following a public auction - The petitioner claimed to be a bonafide purchaser with necessary documents for ownership transfer - Since no action was taken on the representation, the court directed the authorities to consider the petitioner's request on merits within a stipulated timeline. (Paras 1, 3, 7)
(B) Administrative Procedures - Duty of authorities to consider representations made by citizens - The court emphasized that authorities must act on representations fairly and in accordance with the law. (Paras 2, 4, 5)
Facts of the case:
The petitioner sought to register a lorry purchased at auction but faced a block on the vehicle's registration due to a previous owner's representation. The petitioner had provided all necessary documentation to facilitate transfer of ownership.
Findings of Court:
The court ordered the second respondent to consider the petitioner's representation and pass appropriate orders within eight weeks. The case illustrates the obligation of administrative bodies to use due diligence when processing requests from citizens.
Issues: The core issue was whether the authorities would consider the petitioner's representation regarding the vehicle's registration block.
Ratio Decidendi: The court concluded that an obligation exists for authorities to respond to representations from citizens timely and judiciously.
Result: Writ petition disposed of with directions for timely action on the representation.
| Table of Content |
|---|
| 1. court emphasizes timely consideration of representations by administrative authorities. (Para 1 , 2 , 6) |
| 2. court rules for appropriate action on ownership transfer and vehicle registration. (Para 3 , 4 , 7) |
THE HONOURABLE MRS.JUSTICE N.MALA W.P.No.30540 of 2025 S. Ganesan ... Petitioner Vs.
1. The Transport Commissioner (Vehicle Department) 2nd floor, Ezhilagam, Behind Madras University, Opposite M.G.R.Samathi, Walaji Road, Chepauk, Chennai 600 005.
2. The Regional Transport Officer (RTO)
TN61, Ariyalur, Ariyalur District 621 704.
3. A. Vijay ... Respondents PRAYER : Writ Petition filed under Article 226 of Constitution of India , to issue Writ of Mandamus to direct the 1st and 2nd respondents to consider the petitioner's representation dated 25.07.2025 and consequently direct the 2nd respondent to remove the block/block list entry place on registration number TN88K4676 and permit registration/transfer of ownership in the petitioner's name as auction purchaser and issue the updated registration certificate at the earliest.
For Petitioner : Mr.T.V.G.Kartheeban For Respondents : Mr.M.Shajakhan Special Government Pleader for R1 & R2 O R D E R This writ petition is filed for issuance of a Writ of Mandamus to direct the
1st and 2nd respondents to consider the petitioner's representation dated 25.07.2025 and consequently to direct the 2nd respondent to remove the block/block list entry place on registration number TN88K4676 and permit registration/transfer of ownership in the petitioner's name as auction purchaser and issue the updated registration certificate at the earliest.
2. With the consent of both side counsels the main writ petition is taken up for disposal.
3. The petitioner is a bonafide purchaser of the motor vehicle lorry bearing Registration number TN88K4676, Chassis number MBIA3DYCXFPXN6011, Engine number FYPZ121182 which was sold to the petitioner through a public auction conducted by Equitas Small Finance Bank Ltd., 4th floor, Phase - II, Spencer Plaza, 769, Anna Salai, Chennai 600 002.
Further, the said lorry was earlier under hypothecation with the said finance and the original owner. The 3rd respondent herein had voluntarily surrendered the said lorry to said finance due to loan default, after due legal process, said finance repossessed the lorry and issued a no objection certificate dated 18.06.2025 to confirm transfer of ownership in favour of the petitioner and thereby the petitioner paid the full consideration and all required documents including Form 35 see rule 61 (1) notice of termination of an Agreement of Hire Purchase hypothecation, NOC from the bank, previous RC Book original. The petitioner has no connection or involvement with the original owner/the 3rd respondent. However, the petitioner was informed that the above lorry has been recently blocked/block listed in the VAHAN Portal/RTO records allegedly based on a representation made by the 3rd respondent, who had already surrendered the lorry and waived all rights upon such surrender. In this regard on 25.07.2025, the petitioner sent a representation to the 1st and 2nd respondents for seeking to remove the block/block list entry place on registration number TN88K4676 and permit registration/transfer of ownership in his name as auction purchaser and issue the updated registration certificate at the earliest along with copies of all relevant documents in support of the said representation. As no action was taken on the petitioner's representation, the petitioner filed the above writ petition for the aforesaid relief.
4. The learned counsel for the petitioner prayed that it would suffice, if a direction is issued to the second respondent to consider and pass orders on the petitioner's representation dated 25.07.2025, on merits within a time frame to be fixed by this Court.
5. The learned Special Government Pleader appearing for the respondents
1 & 2 prayed for reasonable time to dispose the representation.
6. Heard the learned counsel on either si
