Ashok Kumar. S v. Regional Transport Authority

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI S.Ashok Kumar ... Petitioner versus

1. Regional Transport Authority, Madurai District, Madurai.

2. Thirumal Alaghu Trucks Rep. by its Managing Partner, Mr.R.Vignesh Marimuthu 361-A, Periyakulam Road, Theni, Theni District.

3. S.Vijayakumar ... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the 1st respondent to receive the joint application of the petitioner and the 2nd respondent for transfer of the permit plying on the route "Madurai to Theni" in respect of vehicle bearing Reg.No.TN49 BZ 9772 from the 1/7

name of the petitioner in the name of the 2nd respondent and pass orders directing to transfer the same from the name of the petitioner in the name of the 2nd respondent.

For Petitioner : Mr.S.Radha Gopalan For R1 : Mr.M.Ramesh, Government Advocate For R2 : Mr.A.C.Asaithambi For R3 : Mr.J.Jeyakumaran

ORDER

This writ petition is filed for a Mandamus, directing the first respondent to receive the joint application filed by the petitioner and the second respondent seeking transfer of permit for the vehicle bearing Reg.No.TN49 BZ 9772 from the petitioner's name to the name of the second respondent.

2. The learned counsel appearing for the petitioner submits that the petitioner is running a stage carriage on the route Madurai to Theni, via Andipatti, Usilampatti and Checkanurani with a permit for the vehicle bearing Reg.No.TN49 BZ 9772. The permit was originally granted to one S.Pournami, who is the mother of the petitioner and 2/7

thereafter, it was transferred to the name of the petitioner, based on the application filed by her mother in the year 2009 and subsequently, it was periodically renewed. Now, the petitioner could not concentrate on the stage carriage and therefore, she wanted to transfer the permit along with the vehicle from her name to the name of the second respondent, namely, Thirumal Alaghu Trucks, Periyakulam, Theni. In this regard, she along with the 2nd respondent has filed a joint application before the first respondent seeking transfer of permit from her name to the name of the 2nd respondent. In the meantime, the 3rd respondent, who is the brother of the petitioner, has filed a suit for partition before the VI Additional District and Sessions Court, Madurai in O.S.No.

170 of 2018 and the subject vehicle is also a part of the suit schedule property. The 3rd respondent has also made an objection before the Regional Transport Authority not to transfer the permit and the vehicle from the name of the petitioner to the name of the second respondent. Therefore, the first respondent has refused to receive the said application.

petition.

3. The learned counsel appearing for the first respondent submits that in view of the objection raised by the 3rd respondent, the first respondent is restrained from taking the application filed by the petitioner.

4. The learned counsel appearing for the 3rd respondent submits that the petitioner, by forging the signature of her mother, has transferred the stage carriage in her name. The 3rd respondent has also raised this issue in O.S.No.170 of 2018 and therefore, it has to be decided by the Civil Court as to whether the stage carriage has been transferred based on a forged document or not.

5. Since the 3rd respondent has made a specific averment that the transfer of stage carriage in the name of the petitioner has been made on a forged document, it would not be appropriate for the Regional 4/7

Transport Authority to take a decision on the joint application filed by the petitioner and the second respondent for transfer of permit of the stage carriage. The 3rd respondent has already filed a suit for partition in O.S.No.170 of 2018 and the same is pending on the file of the VI Additional District and Sessions Court, Madurai, from the year 2018. It is also reported that the suit is pending at the stage of defendant's side evidence.

6. Considering that the suit is pending from the year 2018 and it is at the stage of defendant's side evidence, this writ petition is disposed of with a direction to the learned Judge, VI Additional District and Sessions Court, Madurai to dispose of the suit in O.S.No.170 of 2018 within a period of six months from the date of receipt of a copy of this order. The petitioner as well as the 3rd respondent shall co-operate with the trial Court for early disposal of the suit. No costs. 22.11.2023 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

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To

1. The Regional Transport Authority, Madurai District, Madurai.

2. The learned Judge, VI Additional District and Sessions Court, Madurai.

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B.PUGALENDHI, J.

ogy 22.11.2023 7/7