O R D E R

This Civil Revision Petition is filed aggrieved by the dismissal of

I.A.No.2 of 2000 dated 31/3/2022, filed under Order 7 Rule 11 of the Code of Civil Procedure in O.S.No.37 of 2019 pending on the file of the learned Principal District Judge at Nagapattinam.

2. For the sake of convenience, during the course of discussion, the parties are being referred to as they arrayed in O.S.No.37 of 2019, thereby whenever the plaintiff and defendants are referred to, in the following order, they are the plaintiffs and defendant, as per O.S.No.37

of 2019.

3. The facts in brief in O.S.No.37 of 2019 are as under:-

Originally one Mr.S.Jayaraman was the owner of stage carriage bus bearing Registration No.TNZ-8609 with permit for plying on the route from Nagore to Vedaranyam viz Nagapattinam, Velanganni Church, Vettaikaraniruppu, Kallimedu, Sembodai and Thopputhurai for a period commencing from 21/7/1986 to 21/7/1989. The said stage carriage vehicle was replaced with another vehicle bearing Registration No.TN51-4334 and and route permit was also renewed till 21/7/1994, thereafter, route permit was being renewed from time to time successively, and similarly, the vehicles were also being replaced from time to time.

4. Mr.S.Jayaraman, has sold the vehicle bearing Registration

No.TN51-A-8636 along with their route permit in favour of second defendant in the year 2002. The second defendant has replaced the said stage carriage vehicle with another vehicle bearing Registration No.TN51-B-4242 and that he has also renewed the route permit until

20/7/2009.

5. The second defendant has entered into an agreement with first defendant on 29.06.2006 to sell vehicle bearing Registration No.TN51- B-4242 along with route permit for a consideration of Rs.25,00,000/-, of which an amount of Rs.20,00,000/- was paid as an advance on the very same day. As the second defendant failed to transfer the said vehicle and the permit in favour of the first defendant as per the agreement of sale dated 29/6/2006, the first defendant has filed O.S.No.44 of 2006 on the file of the Principal District Judge, Nagapattinam against the second defendant seeking specific performance of an agreement of sale, dated

29/6/2006.

6. In the meanwhile, the second defendant has transferred the said vehicle bearing Registration No.TN51-B-4242 along with permit in favour of third defendant. A joint application dated 7/12/2006 was filed by the second and third defendants along with required documents before the Regional Transport Authority, requesting to transfer the route permit from second respondent to third respondent in respect of the bus bearing Registration No.TN51-B-4242. Accordingly, Regional Transport Authority on 25/12/2006 has transferred the permit from the second defendant to the third defendant.

7. A complaint was filed by the first defendant on 27/12/2006

before the Regional Transport Officer requesting him not to transfer the permit from second defendant to the third defendant. Basing on the said representation, Regional Transport Officer has sent a communication dated 29/12/2006 and 11/1/2007 asking the defendants to appear before the Regional Transport Authority for enquiry on 22/1/2007. Aggrieved by the same, third defendant has filed W.P.No.1987 of 2007 on the file of this Court and on 3/10/2007, the said writ petition was disposed of with the following observation:-

“Under the circumstances, both the notices issued by Regional Transport Authority dated 29/12/2006 and consequently other notice by Regional Transport Officer dated 11/1/2007 for enquiry to be held on 22/1/2007 are bad and hence they are declared as invalid and liable to be quashed....”

8. Subsequently, the first defendant has preferred an appeal before the State Transport Appellate Tribunal, Chennai in M.V.No461 of 2007 against the orders of the Regional Transport Authority transferring the permit of stage carriage bearing No.TN51-B-4242 from second defendant to third defendant. The said appeal was dismissed by order d