Madras High Court
M.V.Sundaram vs / on 12 April, 2024
Author: C.Saravanan
Bench: C.Saravanan
W.P.(MD) No.8597 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.04.2024
CORAM:
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.(MD) No.8597 of 2024
M.V.Sundaram ... Petitioner
/vs./
1.The Regional Transport Officer,
Kumbakonam.
2.R.Nagarajan ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Mandamus, directing the 1st respondent to remove the
blacklisting of the vehicle bearing Registration No.TNP 7374 plying on the route
Kumbakonam Bus Stand to Elumichangapalayam from the Parivahan E-Portal
and renew the fitness of the vehicle after receiving the application for renewing
the fitness certificate along with necessary fees.
For Petitioner : Mrs.Radha Gopalan for
Mr.T.Padmanabhan
For R1 : Mr.S.P.Maharajan
Special Government Pleader
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W.P.(MD) No.8597 of 2024
For R2 : Mr.A.Kanna for
Mr.A.C.Asaithambi
ORDER
The petitioner has filed this Writ Petition for a Mandamus to direct the first respondent to remove the blacklisting of the vehicle bearing Reg.No.TN 7374 plying on the route Kumbakonam Bus Stand to Elumichangapalayam from the Parivahan E-Portal and renew the fitness of the vehicle after receiving the application along with necessary fees.
2.The fitness certificate has expired in respect of the vehicle which is said to have been purchased by the petitioner pursuant to an agreement dated 02.01.2022. It is the specific case of the petitioner that after receiving the sale consideration of Rs.23,00,000/- out of Rs.25,00,000/-, the second respondent has now failed to execute necessary documents in connection with the transfer of permit and ownership of the minibus.
3.Therefore, the petitioner has filed O.S.No.313 of 2023 before the learned Principal District Judge, Thanjavur for specific performance. It is submitted that the fitness certificate of the minibus has now expired on 26.03.2024. Since the 2/9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.8597 of 2024 petitioner made an attempt to pay the amount directly to the Regional Transport Officer, Kumbakonam/the first respondent through a Demand Draft, the first respondent has rejected the same with the following reasons:-
“,t;tYtyf fzpzp
tptuj;jpd;gb \TNP-7374 thfdj;jpw;Fk;
jq;fSf;Fk; njhlh;G VJk; ,y;yhj
fhuzj;jpdhYk; jw;Nghija eilKiwapd; gb
thfdthp ,izajsk; %yk; kl;LNk
nrYj;jg;gl Ntz;Lk; vd;gjhYk; jq;fsJ kD
chpa ,izg;GfSld; Vw;fdNt jpUg;gp
mDg;gl;Ls;s epiyapy; kPz;Lk; kpdpg;NgUe;J
TNP-7374 thfdj;jpd; jFjp rhd;W
fl;lzj;jpid tq;fp tiuNthiy %yk;
nrYj;j jq;fshy; Nfhug;gLfpwJ.
midj;J thpfl;lzk; online %yk;kl;LNk
nrYj;jg;;gl Ntz;Lk; vd;gjhy; tq;fp
tiuNthiy kPz;Lk; jpUg;gg;gLfpwJ.”
4.Notice was ordered on the second respondent. The second respondent however has not come forward to file any counter. Instead, there is a request for adjournment.
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5.The fitness certificate of the vehicle in question has expired on 26.03.2024. The case of the petitioner is that the petitioner was able to pay the quarterly tax on 28.03.2024 for the period ending with 30.09.2024. The petitioner is however not in a position to operate the minibus, as the fitness certificate has expired on 26.03.2024, but the first respondent has refused to renew the fitness certificate in view of the objection of the second respondent, who is the de jure owner of the vehicle.
6.The possession of the vehicle is not in dispute. The second respondent has also not denied. The petitioner has also filed a suit before the Principal District Court at Thanjavur in O.S.No.313 of 2023, wherein the petitioner has prayed for the following relief:-
“1.Directing the defendant to execute a Sale deed in favour of the Plaintiff conveying the Mini Bus Ashok Leyland TNP 7374 and also execute the sale deed selling the Route permit Kumbakonam Bus Stand to Elumichangapalayam - Annalagraharam to Kumbakonam Bus Stand Min Bus Route.
2.Directing the defendant to pay the entire costs of the suit to the plaintiff and also to pass and order such other further relief as this Hon'ble Court may deem fit and necessary under the circumstances of the case and thus render justice.” 4/9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.8597 of 2024
7.In my view, no useful purpose will be served by not renewing the fitness certificate, as it will only compound the issues both for the petitioner and the second respondent.
8.The disuse of the subject vehicle without the fitness certificate will result in loss of right to earn from running the subject minibus, possession of which has been given to the petitioner by the second respondent, in respect of which the petitioner has filed a suit in O.S.No.313 of 2023 before the Principal District Court at Thanjavur. Disuse will also result in degradation in the law. Therefore, to balance the interest of the petitioner and the second respondent, (the de jure owner/the defendant in O.S.No.313 of 2023 before the Principal District Court at Thanjavur), I direct the first respondent to receive the fees payable by the petitioner towards the renewal fitness certificate for a period of one year pending resolution of the dispute between the petitioner and the second respondent in O.S.No.313 of 2023.
9.I am fortified by the views taken by this Court in W.P.No.34028 of 2022 (P.Sadhasivam Vs. The Regional Transport Authority, Tiruvarur and others) 5/9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.8597 of 2024 vide order dated 22.12.2022 under similar circumstances, wherein this Court observed as under:-
“7.The vehicles being the movable properties transfer may be either by delivery or by executing an agreement. In such view of the matter, since the petitioner already succeeded to the possession of the vehicles, is entitled to seek transfer of registration and permit. The authorities cannot contend that since there is no application form as prescribed, registration is not permissible. Prescribed format is fixed only for the purpose of convenience for effecting registration by Authorities. In such view of the matter the person who succeeds to possess the vehicles by purchase, which is not disputed by the legal heirs of the original owner, is entitled to transfer of registration. As far as the transfer of permit is concerned, Section 82(3) of the Tamil Nadu Motor Vehicles Act, 1988 would make it clear that even after the death of the original permit, owner, any person succeeding to the possession of the vehicle covered by the permit may apply within three months for the transfer of permit. The proviso to Section 82(3) of the Act also gives a power to the authorities to receive application even after expiry of the period of three months if it is satisfied that the applicant was prevented by good and sufficient cause from making an application within the time specified. This Court is of the view that if the vehicle is kept idle without any renewal or transfer of permit value of the vehicle will be lost. Therefore, this Court is of the view that the vehicle has to be given a life by way of renewing fitness certificate and transfer of registration and permit. Even if any prosecution is initiated and same culminate into confiscation proceedings by the competent Court, the authorities can take control of the vehicle for releasing the amounts as per the order passed in confiscation proceedings.
8.In such view of the matter this Court directs the respondents to effect necessary transfer of registration and permit and to renew fitness certificate, after receiving proper application from the petitioner. The petitioner is directed to submit the application within a week from today and on receipt of such application, the respondents shall transfer the 6/9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.8597 of 2024 registration certificate and permit and renew the fitness certificate, on payment of proper fee as specified within a week.
9.It is made clear that mere transfer of the registration certificate of the vehicles in the name of the petitioner, will not confer absolute right to the petitioner, except for plying the vehicle. However, the ownership is always subject to any confiscation order passed by the competent Court in this regard. In such view of the matter, the order blacklisting the vehicles, passed by the second respondent, is set aside.
It is made clear that after transfer of the registration and permit of the vehicles in the name of petitioner, the petitioner shall not create any encumbrance or sell the vehicle. In the event any replacement is taken place, as per the Act, such replaced vehicles would also be subject to the confiscation proceedings.
10. With the above directions, the writ petition stand disposed of. No costs. Consequently, connected miscellaneous petition is closed”
10.In view of the above, there shall be a positive direction to the first respondent to renew the fitness certificate of the vehicle bearing Registration Number TNP 7374 within a period of 7 days from the date of receipt of a copy of this order. It is needless to state that renewal of the fitness certificate will be without prejudice to the rights of the second respondent in the suit pending against the second respondent filed by the petitioner in O.S.No.313 of 2023 before the Principal District Court at Thanjavur. For receiving the fees towards fitness certificate, the first respondent may facilitate the petitioner in the Vahan portal.
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11.The writ petition stands disposed of with the above directions. No costs.
Index : Yes / No 12.04.2024
Internet : Yes / No
mm
Note : Issue order copy on 15.04.2024
To
The Regional Transport Officer,
Kumbakonam.
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W.P.(MD) No.8597 of 2024
C.SARAVANAN, J.
mm
W.P.(MD) No.8597 of 2024
12.04.2024
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