legal notice to transport authorities on overloading
vinod bansal
(Querist) 08 March 2009
This query is : Resolved
Sir
I want to send a legal notice to transport authorities of Haryana for restraining overloading & misuse of tractors in commercial activities that is violation of Motor Vehicle Act,,to whom i have to send copies of notice,plz suggest,,if any model drafting is available than oblige by providing the same..Thanks
Kiran Kumar
(Expert) 08 March 2009
send it to Secretary, Department of Transport, Civil Secretariat; Transport Commissioner of the region; Regional Transport Authority; and District Transport Authority.
no special format is required, simply start with I hereby serve u with the following legal notice.....detail ur grouse; may look into Motor Vehicles Act for the specific provisions.
Manish Singh
(Expert) 09 March 2009
as per mu understandng,you cant send legal notice to state to enforce them to obey their duties.
the remedy available is to file a writ in higher courts if you find any unlawfulness.
Guest
(Expert) 09 March 2009
If you have sufficient time (legal notice can be dispensed with only in urgent matters), serve the legal notice (and in your case, time is there)to the authorities mentioned by Sh. Kiran, giving the authorities 30 days time to correct themselves and follow the law of land. After that, you have to file writ petition (PIL) before the hon'ble High Court. In response to Sh. Manish, I say that it does not say any where that legal notice does not lie in the case, where writ jurisdiction is invoked.
A. A. JOSE
(Expert) 09 March 2009
Agree with Mr.Prabhakar.
