A 'WILL' must be legally validated for permit transfer, requiring compliance with statutory rules and consent from all legal heirs.

ORDER :

1. The present Civil Revision Petition arises at the instance of the objector before the Regional Transport Authority, Thiruvarur District.

2. The undisputed facts of the case are that there was one Mahadevan who owned three buses, namely one bus bearing registration No.TN50H 0668, a spare bus bearing registration No.TN50C 5464, and a mini bus bearing registration No.TN Y 7470.

3. The bus bearing registration No.TN50H 0668 was operating between Pattukottai and Thiruthuraipoondi, and the bus bearing registration No.TNY 7470 was operating between Thiruthuraipoondi Bharathiyar Street and Pichankottagam. The Pattukottai to Thiruthuraipoondi permit was valid till 04.04.2023, the spare bus permit was valid till 06.07.2020, and the mini bus permit was valid till 09.11.2020.

4. The said Mahadevan had two sons and four daughters. The 1^st son of Mahadevan was one Anantharamakrishnan, who is no more. He left behind as his legal heirs, the civil revision petitioner/his wife and his two children. The 1^st respondent/Harikrishnan is the 2^nd son of the deceased Mahadevan. The daughters of the deceased Mahadevan are Geetha, Sumathi, Seethalakshmi and Amaravathi.

5. Mahadevan had executed a registered "WILL" on 04.01.2017. He had made provisions with respect to the permit in favour of both his sons. Subsequently, Anantharamakrishnan passed away by committing suicide on 24.07.2017. On the death of his 1^st son/Anantharamakrishnan, the 1^st respondent/Harikrishnan claims that Mahadevan executed another "WILL" on 22.12.2018. He pleads, by virtue of the second "WILL", what was bequeathed under the 1^st "WILL" stood cancelled. Mahadevan passed away on 04.01.2021 leaving behind the aforesaid persons. It is not in dispute that the civil revision petitioner/Kavitha, Anantharamakrishnan and her two children, being the legal heirs of Mahadevan's predeceased son, would be covered under Class 1 of the Hindu Succession Act. On the death of Mahadevan, if not for the "WILL" dated 22.12.2018, all the aforesaid persons would have been entitled to make an application for the transfer of permit in favour of any one of them with the consent of the others.

6. Due to Covid - 19 pandemic, Mahadevan did not take any steps to renew the permit. It is not too far fetched to see that because of Covid - 19, the entire country came to a grinding halt, and so did the transport services in the State. On the death of Mahadevan, which occurred during the height of pandemic, Harikrishnan made an application for transfer of the permit, which stood in the name of Mahadevan, to his name.

7. The foundation for this application is the 2^nd "WILL" dated22.12.2018. The Regional Transport Authority at Thiruvarur returned the application, stating that the relevant documents that are necessary to be submitted in terms of Rule 214 of the TAMIL NADU MOTOR VEHICLES RULES , 1989, had not been enclosed. Therefore, he directed the 1^st respondent to resubmit the application with the documents as found under the said Rule.

8. Consequent to this return of the application, a Writ Petition came to be filed before this Court in W.P.No.12471 of 2022