Athimoolam v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.03.2025
CORAM
THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD Athimoolam ... Petitioner vs.
1. The District Collector, Cuddalore District, Cuddalore.
2. The Regional Transport Office, Department of Transport, Nagapattinam Highway, Chidambaram, Cuddalore Dt. 608 102. .. Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the respondents to effect name transfer in respect of stage carriage bus bearing No.TN 55F 8685 together with permit No.TN544/31/SE/CDL/2015 based on the joint application No.040888 dated 09.11.2024 within the time frame . For Petitioner : Mr.M.Santhanaraman For Respondents : Mr.M.Rajendiran Addl.Govt.Pleader Page No.1 of 6
ORDER
By consent of both the parties, this writ petition is disposed of at the time of admission stage itself.
2. The present writ petition has been filed to direct the respondents to effect name transfer in respect of stage carriage bus bearing No.TN 55 AF 8685 together with permit No.TN544/31/SE/CDL/2015 based on the joint application No.040888 dated 09.11.2024 within the time frame .
3. 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 to operate in the route between Port novo to Neyveli to his daughter, Mrs. Uma and accordingly he has given application before the Regional Transport Authority, Page No.2 of 6
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.
4. It is the further case of the petitioner that the petitioner's son filed W.P.No.38952 of 2024 to direct the 2nd 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 2nd respondent informing him 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 present writ petition.
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5. The 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 time frame that may be stipulated by this Court.
6. Heard the learned counsel on either side and also perused the material available on records.
7. In view of the submission made by the learned counsel on either side, the second respondent is directed to consider the joint application No.040888 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. Page No.4 of 6
This writ petition stands disposed of with the above observation and direction. No costs.
10.03.2025 Index : Yes/No.
Internet : Yes/No.
Speaking : Non-speaking Order kkd To
1. The District Collector, Cuddalore District, Cuddalore.
2. The Regional Transport Office, Department of Transport, Nagapattinam Highway, Chidambaram, Cuddalore Dt. 608 102.
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J.SATHYA NARAYANA PRASAD,J.
kkd 10.03.2025 Page No.6 of 6