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2026 Supreme(Online)(Mad) 37017

IN THE HIGH COURT OF JUDICATURE AT MADRAS
ABDUL QUDDHOSE, J
Sri Senthur Murugan Auto Finance, Its Managing Partner, P.Sakthi Vadivel – Appellant
Versus
The Regional Transport Officer, Regional Transport Office, Sivagangai – Respondent
Writ Petition



Advocates:
For the Appellants/Petitioners: Mr.P.Muthukumarasamy
For the Respondents: Ms.C.Meera Arumugam Additional Government Pleader

Court directs consideration of re-registration application for repossessed hypothecated vehicle within time frame.

Headnote:First Paragraph: The petitioner, a finance firm, sought a fresh Certificate of Registration under relevant motor vehicle provisions for a hypothecated vehicle repossessed due to loan default, submitting Form 36 application dated 27.12.2024. The court found no prejudice to respondents in considering the application with supporting documents. Second Paragraph: The issue framed was whether the respondent should process the application for re-registration in the petitioner's name. The ratio decidendi emphasized expeditious consideration on merits without expressing opinion on outcome. Last Paragraph: Writ petition disposed directing respondents to pass final orders within eight weeks.

Table of Content
1. petition seeks fresh vehicle registration post-repossession. (Para 1 , 3 , 4)
2. notice accepted by respondents' counsel. (Para 2)
3. no prejudice in merits consideration. (Para 5)
4. direct final orders within eight weeks. (Para 6)

ORDER

This Writ Petition has been filed to direct the 1st respondent to issue a fresh Registration Certificate for the vehicle morefully disclosed in the prayer to this writ petition in the name of the petitioner, within a time frame to be fixed by this Court.

2. Ms.C.Meera Arumugam, learned Additional Government Pleader, accepts notice on behalf of the respondents.

3. According to the petitioner, the said vehicle was hypothecated in their favour. Since the borrower defaulted in the repayment of the loan to the petitioner, the petitioner has taken possession of the said vehicle from the borrower and has now sought for issuance of fresh Certificate of Registration from the 1st respondent based on the Form 36 application, dated 27.12.2024 submitted by the petitioner with the 1st respondent. Since the said application has not been considered till date, and no fresh Certificate of Registration has been issued in favour of the petitioner, the petitioner has filed this writ petition.

4. The petitioner has filed supporting documents along with this writ petition in respect of the petitioner’s application seeking issuance of fresh Certificate of Registration for the vehicle morefully disclosed in the prayer to this writ petition.

5. No prejudice would be caused to the respondents, if the petitioner’s application as stated supra is considered on merits and in accordance with law, after giving due consideration to the supporting documents produced by the petitioner, within a time frame to be fixed by this Court. This Court is not expressing any opinion on the merits of the petitioner’s application.

6. For the foregoing reasons, this Writ Petition is disposed of by directing the respondents to pass final orders on merits and in accordance with law on the petitioner’s application, dated 27.12.2024 seeking issuance of fresh Certificate of Registration for the vehicle morefully disclosed in the prayer to this writ petition in the name of the petitioner, after giving due consideration to the supporting documents produced by the petitioner, within a period of eight (8) weeks from the date of receipt of a copy of this order. No costs.

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