S.Padma @ S.Padmavathi v. Regional Transport Authority

IN THE HI1GH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2018

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN Writ Petition No.25352 of 2010 and MP.No.1 of 2010 S.Padma @ Padmavathi ... Petitioner Vs.

1. Regional Transport Authority, Thiruchengode Road, Namakkal, Namakkal Taluk, Namakkal District.

2.Jaya @ Jayalakshmi ... Respondents Writ petition have been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus to direct the 1st respondent to transfer the permit to the petitioner in Vehicle No. TN-28-AD-1579 standing in the name of firm of Jeyam Bus Transports, No.28, Thirumalaisamy Street, Namakkal as Sole Proprietrix concern in petitioner's name namely S.Padma@ S.Padmavathi.

For Petitioner : Mr.T.Arulraj For R1 : Mr.J.Ramesh, AGP For R2 : Mr.Natesan

ORDER

This writ petition has been filed to issue a writ of mandamus directing the first respondent to transfer the permit of a Vehicle bearing No.TN-28-AD-1579 standing in the name of M/s.Jeyam Bus Transports to the name of the petitioner. 2.According to the petitioner, after the death of her partner by name, A.Samiyammal, the petitioner became the sole proprietrix of the firm viz., Jayam Bus Transports. Hence, she filed a petition to transfer the permit of the vehicle in question standing in the name of the said firm to her favour, which has not been considered by the first respondent. Hence, this writ petition.

https://hcservices.ecourts.gov.in/hcservices/

3.When the matter was taken up for consideration, the learned counsel for the petitioner, after arguing sometime, ultimately submitted that since the permit of the vehicle in question, standing in the name of Jeyam Bus Transports, has already been renewed till 02.03.2021, the petitioner may be given liberty to approach the Tamil Nadu State Transport Tribunal to work out her remedy.

4.The learned counsel appearing for the respective respondents have no serious objection for granting such relief to the petitioner.

5.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, the writ petition stands closed, granting liberty to the petitioner to approach the Tribunal concerned for appropriate relief in the manner known to law. No costs. Consequently, connected miscellaneous petition is also closed. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar rm/rk To

1. Regional Transport Authority, Thiruchengode Road, Namakkal, Namakkal Taluk, Namakkal District.

+1cc to Mr.Natesan, Advocate, S.R.No.42981.

+1cc to Mr.T.Arulraj, Advocate, S.R.No. 42977. +1cc to the Government Pleader, S.R.No. 44012. W.P.No.25352 of 2010 BM 12/07/2018 https://hcservices.ecourts.gov.in/hcservices/