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IN THE HIGH COURT OF JUDICATURE AT MADRAS
V.LAKSHMINARAYANAN
Velayutham and Co – Appellant
Versus
Chairman / Secretary, State transport Authority, Transport Department – Respondent
ORDER :
V. Lakshminarayanan, J.
Heard Mr.M.Ravi, learned counsel for the writ petitioner, Mrs. Usha and Mr.Vasanthkumar Vengadasane, learned counsel for the respondents 1 and 2 and Mr.K.Hariharan, learned counsel for the 4th respondent.
2. This writ petition relates to an application for the transfer of a permit filed by the 4th respondent, stating that he is a partner of one, M/s.Velayutham and Company. M/s.Velayutham and Company was established in 1979. It is a registered partnership firm. It was reconstituted in 1985. In addition to Mr.N.Gnanasekaran, the deponent in this writ petition, two other persons were made partners, namely, (i) Kalaiselvi and (ii) Ravichandrane.
3. It is the case of the petitioners that the respondents 3 was a mere caretaker of M/s.Velayutham and Company. It is urged that Ravichandrane passed away on 27.10.2009 and Kalaiselvi passed away on 28.07.2022. Consequently, the deponent pleads that he is the sole surviving partner entitled to all the benefits that accrue to the partnership firm, including the permit for a vehicle given to it by the 1st respondent.
4. Prior to this writ petition, the 4th respondent had filed W.P.No.3069 of 2026. In the said writ petit
The court upheld that amendments imposing additional restrictions on permit transfers must be supported by justifiable reasons, and lack of evidence for trafficking renders such amendments unreasonab....
Partnership agreements violating motor vehicle permit transfer rules are illegal and unenforceable.
The extension of the permit transfer period to three years is unjustified; the original one-year limit reinstated due to lack of rationale from the authority.
Legal succession to a vehicle permit requires compliance with statutory mandates, including consent from all legal heirs, with proper proof of possession and validity of any claims based on a Will.
A 'WILL' must be legally validated for permit transfer, requiring compliance with statutory rules and consent from all legal heirs.
Permits granted under the Motor Vehicles Act remain valid during appeal periods, negating tax demands for operating without valid permits.
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