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Madras High CourtWP/13026/2019disposed of

K.M.Jagadeesan v. The Regional Transport Authority

2019-07-10Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 10.07.2019

CORAM:

THE HONOURABLE MR. JUSTICE DR.G.JAYACHANDRAN Writ Petition Nos.13026 & 13032 of 2019 & W.M.P.Nos.19439 & 19441 of 2019 K.M.Jagadeesan

...Petitioner in W.P.No.13026/19

K.M.Inbasekaran

...Petitioner in W.P.No.13032/19

Vs 1.The Regional Transport Authority, Dharmapuri.

2.The Regional Transport Officer, Dharmapuri.

... Respondents in both the Wps.

Common Prayer: Writ Petitions are filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents herein to forthwith release the petitioner's stage carriage bearing registration No.TN-29/AA-7755 plying on the route "Pennagaram to Hosur" and TN-29/AB-0555 plying on the route "Dharmapuri to Athipalli Border"

For petitioner : Mrs.Radha Gopalan for K.Hariharan For Respondents : Mr.N.Inbanathan Additional Government Pleader COMMON ORDER After hearing the learned counsel for the respective parties, this Court finds that there is a dispute regarding the legal heirship of K.C.Maran and pursuant to that the Regional Transport Officer is unable to renew the bus permit.

2. However, the affidavit filed by the petitioners as well as the order of Regional Transport Officer, the vehicles were seized from the possession of the petitioner. In such circumstances, the Regional Transport Officer need not keep the vehicles in his possession till the dispute between the rival parties get decided. Therefore, the vehicles bearing No. TNhttps://hcservices.ecourts.gov.in/hcservices/

29/AA-7755 and TN-29/AB-0555 shall be returned temporarily to the petitioners herein after getting undertaking from them that they will not alter the features of the vehicle or alienate, encumbrance it and also will not use the bus for any purpose.

3. With the above direction, these writ petitions are disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. The order passed in these writ petitions shall not any bearing in deciding the title dispute and issuance of permit. This order is passed only to avoid damage to the vehicles, which is stand at the Regional Transport Office. s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar rpl To 1.The Regional Transport Authority, Dharmapuri.

2.The Regional Transport Officer, Dharmapuri.

+2 Ccs to Mr.K.Hariharan, Advocate sr 58339, 58340 Writ Petition No.13026 & 13032 of 2019 & W.M.P.Nos.19439 & 19441 of 2019 SJ(CO) SP(11/07/2019) https://hcservices.ecourts.gov.in/hcservices/