Athimoolam v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.03.2025 CORAM :
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.8608 of 2025 Athimoolam ... Petitioner Vs.
1.The District Collector, Cuddalore District, Cuddalore - 607 001.
2.The Regional Transport Officer, Department of Transport, Nagapattinam Highway, Chidambaram, Cuddalore Dt - 608 102.
... Respondents Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the respondents herein to effect name transfer in respect of stage carriage bus bearing No.TN 31 AU 5442 together with permit No.TN 3116/TN31/SC/2013 based on the joint application No.040887 dated 09.11.2024.
For Petitioner : Mr.M.Santhanaraman For Respondents : Mr.M.Rajendiran, Additional Government Pleader Page No.1 of 7
O R D E R
The relief sought by the petitioner in this writ petition is to direct the respondents herein to effect name transfer in respect of stage carriage bus bearing No.TN 31 AU 5442 together with permit No.TN 3116/TN31/SC/2013 based on the joint application No.040887 dated 09.11.2024.
2. It is the case of the petitioner that he is the absolute owner of four buses bearing No.TAK 639 presently TN 55 AF 8685, three mini buses bearing No.TN67 F 6662, TN 31 D0936 and TN 72 Q 3099 and all the four buses are registered in the petitioner's name and permits for the routes in which those buses are being operated are also in the petitioner's name and purchased out of self-earned money. Further, the petitioner have decided to give a stage carriage bus bearing TN 55 AF 8685 having permit No.TN544/31/SC/CDL/2015 together with spare bus bearing Registration No.TN31 AU 5442 to operate in the route between Port novo to Neyveli to his daughter, Mrs. Uma and accordingly he has given application before the Page No.2 of 7
Regional Transport Authority, Chidambaram, Cuddalore District for transferring the said bus with route permit in her name. Thereafter, the petitioner had settled a house and agricultural property to his son namely, Mr.A.Pachiayappan. But, his son has raised objection to the above said name transfer of the bus from his name to his daughter Mrs.V.Uma.
3. It is the further case of the petitioner that the petitioner's son filed W.P.No.38952 of 2024 to direct the second respondent herein to pass on the petitioner's son objection dated 26.08.2024 within a stipulated time fixed by this Court. Thereafter, when the matter was taken up for hearing on 10.02.2025, the learned counsel appearing for the petitioner sought permission of this Court to withdraw the said writ petition and he was also made an endorsement to that effect in the case bundle. Despite the withdrawal of the said writ petition on 10.02.2025, the first respondent has fixed for enquiry on 24.02.2025 at 7.00 p.m., the petitioner also appeared on the said date before the second respondent and furnished the copy of the order passed by this Court on 10.02.2025. Thereafter, no orders have been passed by the first respondent till date. Hence, the petitioner has filed the Page No.3 of 7
present writ petition.
4. Learned Additional Government Pleader appearing for the respondents submitted that joint application of the petitioner dated 09.11.2024 will be considered by the second respondent on merits and in accordance with law within a time frame that may be stipulated by this Court.
5. Heard the learned counsel on either side and perused the materials available on records.
6. In view of the submission made by the learned counsel on either side, this Court directs the second respondent to consider the joint application No.040887 dated 09.11.2024 submitted by the petitioner since he is the owner of the bus and the permit also stands in the name of the petitioner on merits, and in accordance with law and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order.
7. This writ petition is disposed of with the aforesaid observation and Page No.4 of 7
direction. No costs.
14.03.2025 vm Index :
Yes/No Speaking Order :
Yes/No :
Yes/No To:
1.The District Collector, Cuddalore District, Cuddalore - 607 001.
2.The Regional Transport Officer, Department of Transport, Nagapattinam Highway, Chidambaram, Cuddalore Dt - 608 102.
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J.SATHYA NARAYANA PRASAD,J.
vm Page No.6 of 7
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