A.Mydeen Basha v. The Superintendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17-06-2026
CORAM
THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN AND WPMP CRL. Nos. 205 & 206 of 2026 A.Mydeen Basha S/o.Thiru.Abdul Kadhar, No.69/2, Cannet Road, Ellis Nagar, Madurai-10.
..Petitioner(s) Vs
1. The Superintendent of Police, District Police Office, Tiruvannamalai District.
2. The Deputy Superintendent of Police, Economic Offences Wing, No.1535/D2, Budha Nagar, Kanchi Road, Vengikal, Tiruvannamalai District.
3. The Regional Transport Officer, Regional Transport Office, Mudaliarpet, Pondicherry.
4. Lathipdeen S/o.Mr.Nagoorkani, No.686/682, G.P.Bus Stop, Gandhi Road, Coimbatore.
..Respondent(s)
PRAYER : Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the cornered records relating to the order C.No.201/DSP/EOW/TVM/2024, dated 26.06.2024 passed by the 2nd respondent and quash the same and consequently to the 3rd respondent to permit name transfer of ownership in respect of the two buses bearing Registration Nos.PY01 CR 6739 and PY01 CR 6741 and such other relief as deems fit to this Hon'ble Court under the circumstance of case and thus render justice.
For Petitioner(s):
Mr. M.K.Bhoopathy Rajan For Respondent(s):
Mr.R.Ganesh Kumar Counsel for Government of Tamil Nadu (Criminal Side) for R1 & R2 Mr.D.Djerany Government Advocate (Pondicherry) for R3
ORDER
This writ petition is filed challenging the orders passed by the second respondent dated 26.06.2024 thereby instructed the Regional Transport Officer not to entertain any transfer of ownership in respect of two buses bearing Registration Numbers PY01 CR 6739 and PY01 CR 6741.
2. The petitioner is the owner of the above said two buses bearing Registration Numbers PY 01 CR 6739 and PY 01 CR 6741. While being so, the fourth respondent, who is the brother of Samsu Lathipdeen, is also engaged in
the travel business under the name and style of VRS and CVRS Transport. Therefore, the fourth respondent approached the petitioner to purchase the above buses for total sale consideration of Rs.40,00,000/-. Accordingly, the petitioner entered into an agreement of sale dated 20.04.2022 and received a sum of Rs.40,00,000/- as advance. Subsequently, the fourth respondent failed to pay the remaining balance amount and on receipt of the advance amount, both the buses were handed over to the fourth respondent. However, the fourth respondent could not able to pay the balance sale consideration and as such the petitioner had taken back the buses to his custody. According to the petitioner, subsequently the agreement of sale was also cancelled by returning the entire advance amount.
The petitioner also produced the cancellation of agreement of sale dated 01.02.2023. In the meanwhile, the fourth respondent and his family members involved grave offences to the society in Crime No.1 of 2023 registered for offence punishable under Sections 120(B), 406, 420 r/w. Section 34 of IPC and Section 5 of TNPID Act, Section 21(3), 23, 25 of the BUDS Act and Section 76 of the Chit Funds Act.
3. In pursuant to the registration of FIR, all the accused were arrested and remanded to judicial custody. Further, the fourth respondent is also arrayed as A-10 and he had paid a sum of Rs.40,00,000/- from the crime proceedings in Crime No.1 of 2023 as advance to the petitioner herein. Therefore, the investigation officer, namely, the second respondent instructed the third
respondent not to register any transfer of ownership in respect of the buses bearing Registration Numbers PY 01 CR 6739 and PY 01 CR 6741.
4. Though the learned counsel for the petitioner pursued and vehemently contended that other amount received from the fourth respondent was returned to him and entered into cancellation of agreement of sale. On perusal of the cancellation for agreement of sale dated 01.02.2023, he did not even whisper the court the amount which was repaid by the petitioner. In order to escape from the process of law it has been fabricated by the petitioner and the fourth respondent herein and filed before this Court. Therefore, if the petitioner deposits the advance amount received from the fourth respondent herein, he can be permitted to transfer the ownership of the buses in favour of any third party.
5. This writ petition criminal is disposed of with a direction that the petitioner is directed to deposit a sum of Rs.40,00,000/- to the credit of Crime No.1 of 2023 on the file of the second respondent within a period of four weeks from the date of receipt of a copy of this order and on such deposit, the second respondent is directed to issue No Objection Certificate to the buses bearing Registration Number PY 01 CR 6739 and PY 01 CR 6741 and the same may be intimated to the third respondent.
6. With the above directions, this Writ Petition (Criminal) is disposed of. No costs. Consequently, the connected Writ Miscellaneous Petition (Criminal) is closed.
7. It is made clear that if any other buses owned by the petitioner, the petitioner can very well deal with those buses by paying taxes and also transfer of ownership. If the petitioner failed to deposit the amount in advance to the credit of Crime No.1 of 2023, the second respondent is at liberty to take possession of those buses in accordance with law. 17-06-2026 Index: Yes/No Speaking/Non-speaking order MTL To
1. The Superintendent of Police, District Police Office, Tiruvannamalai District.
2. The Deputy Superintendent of Police, Economic Offences Wing, No.1535/D2, Budha Nagar, Kanchi Road, Vengikal, Tiruvannamalai District.
3. The Regional Transport Officer, Regional Transport Office, Mudaliarpet, Pondicherry.
G.K.ILANTHIRAIYAN J.
MTL
4. The Public Prosecutor, High Court, Madras. AND WPMP CRL. Nos. 205 & 206 of 2026 17-06-2026