1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.09.2011 CORAM: THE HON'BLE MR.JUSTICE S.MANIKUMAR W.P.(MD)No.11179 of 2011 and M.P.No.1 of 2011 Manoharan .. Petitioner Vs. 1.The Deputy Transport Commissioner, Deputy Transport Commissioner Office, Madurai. 2.The Registering Authority, Madurai (South), Madurai. 3.Murugesan 4.The Assistant Commissioner of Police, Anna Nagar, Madurai City. 5.The Inspector of Police, Anna Nagar Police Station, Madurai. .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari to call for the records pertaining to R.No.14461/A2/2011 dated 14.09.2011 passed by the second respondent and quash the same as illegal. For Petitioner : Mr.R.Murugappan For Respondents 1,2, 4 & 5 : Mr.T.S.Mohamed Mohideen Additional Government Pleader O R D E R Perusal of the impugned order, shows that in respect of Motor car bearing Regn.No.TN-63-J-8227, on 28.02.2011 transfer of ownership was sought for, from Thiru.Murugesan to Mr.Manoharan and considering the abovesaid application, transfer of ownership was also made and consequently entries were also made in the Registration Certificate of the abovesaid vehicle. Subsequently, coming to know that the vehicle is covered by a Hire purchase agreement with Tvl.International Autotrac Finance Limited, Chokbural Post, Riplanwala, Jalandar Road, Hosharpur, Punjab-146022 and the suppression of the fact by the Joint applicants, at the time of transfer of ownership, the Registering Authority, Madurai (South), construed the abovesaid act as violation of Section 51(4) of the Motor Vehicles Act, 1988 and after having confirmed the said fact with the abovesaid Finance Limited that the vehicle was still covered by Hire Purchase Agreement with them, cancelled, the transfer of ownership and revoked the entries. A notice has also been issued, calling upon the petitioner to surrender the Registration Certificate for making necessary entries regarding cancellation of the transfer. https://hcservices.ecourts.gov.in/hcservices/ 2 2. In the supporting affidavit filed along with the writ petition, the petitioner has contended that even without considering his explanation dated 28.04.2011, transfer of ownership in the name of the petitioner, has been cancelled vide order dated 20.04.2011 and being aggrieved by the same, the petitioner has filed W.P.No.6529 of 2011 and this court, while disposing of the writ petition on 22.06.2011, gave liberty to the petitioner to prefer an appeal, challenging the order of the Registering Authority, Madurai (South) to the appellate authority namely the Deputy Transport Commissioner, Madurai. Accordingly, an appeal has been filed on 26.07.2011. It is the contention of the petitioner, that pending disposal of the statutory appeal, the Registering Authority, Madurai (South), has ordered for revocation of transfer of ownership entries and accordingly vide impugned order dated 14.09.2011, has directed to surrender the Registration Certificate for making necessary cancellation entries. It is the further contention of the petitioner that for the show cause notice issued for revocation of transfer of ownership entries, he has made an explanation, which has not been considered and pending appeal, the abovesaid authority ought not to have directed surrendering the Registration Certificate. According to him, the matter is subjective before the appellate authority. 3.Heard the learned counsel for the petitioner and perused materials on record. 4.As stated supra, transfer of ownership, obtained in the name of the petitioner, without clearing the subsisting hire purchase agreement with Tvl.International Autotrac Finance Limited, Chokbural Post, Riplanwala, Jalandar Road, Hosharpur, Punjab-146022, by submitting a joint application, has been construed as a suppression and violation of Section 51(4) of the Motor Vehicles Act, 1988 and therefore the transfer of ownership, has been revoked vide proceedings of the Registering Authority, Madurai (South), in R.No.14461/A2/2011 dated 14.09.2011. Statutory appeal is admittedly pending. To revoke the entries, a notice under Section 55(5) of the Motor Vehicles Act, 1988 has also been issued vide Memo No.14461/A2/2011 dated 11.04.2011, for which, the petitioner claims to have submitted an explanation. 5. As the transfer of ownership of the vehicle bearing Regn.No.TN- 63-J-8227 has been negatived by the Registering Authority, Madurai (South), a direction has been issued to the petitioner to produce the Registration Certificate for making necessary cancellation entries in the registration certificate. When the statutory appeal against the order of cancellation is already pending before the Deputy Transport Commissioner, Madurai, nothing prevented the petitioner from filing an application for stay of the impugned proceedings. The impugned proceedings is only consequential to the cancellation of transfer of ownership. 6.During the course of arguments, learned counsel for the petitioner submitted that already a stay petition has been filed before the appellate authority to stay the order of cancellation of transfer of ownership and it is pending. If that be so, the petitioner could have very well approached the appellate authority, for interim orders explaining the subsequent events. When the appellate authority, has already seized of the appeal, it is not open to the petitioner to https://hcservices.ecourts.gov.in/hcservices/ 3 approach this Court under Article 226 of the Constitution of India, as if there is no other alternative or efficacious remedy provided in the statute. It could be seen, when the petitioner approached this Court on an earlier occasion, against the order of cancellation of transfer of ownership, he had been directed to approach the appellate authority under the Statute. In view of the above, this Court is not inclined to entertain the challenge made to the order dated 14.09.2011 of the Registering Authrotity, Madurai. It is open to the petitioner to approach the Deputy Transport Commissioner, Madurai (South), the Appellate Authority, and seek for stay of impugned proceedings. 7.Accordingly, the writ petition is dismissed. No costs. Consequently, connected M.P.No.1 of 2011 is closed. No costs. Sd/- Assistant Registrar (AE) / True Copy / Sub Assistant Registrar To 1.The Deputy Transport Commissioner, Deputy Transport Commissioner Office, Madurai. 2.The Registering Authority, Madurai (South), Madurai. 3.The Assistant Commissioner of Police, Anna Nagar, Madurai City. 4.The Inspector of Police, Anna Nagar Police Station, Madurai. Vs SR : 21.10.2011 : 3p/5c W.P.(MD)No.11179 of 2011 29.09.2011 https://hcservices.ecourts.gov.in/hcservices/