O R D E R

The writ petition has been filed to direct the second respondent to remove the blacklisting of the vehicles bearing Registration Nos. TN-68-P- 9229 and TN-49-BD-9010 from the MParivahan E-Portal and consider the petitioner's representation dated 08.11.2022 for the transfer of permit in respect of the stage carriage bearing Registration No.TN-68-P-9229 plying on the Route "Thanjavur to Nagore" and the spare bus permit in respect of the vehicle bearing Registration No.TN-49-BD-9010 from the name of the deceased permit holder late A.Kamaludeen to the name of the petitioner.

2. The contention of the writ petitioner is that the original owner one A.Kamaludeen was holding permit in respect of vehicle bearing Registration No.TN-68-P-9229 plying on the route "Thanjavur to Nagore" with the spare bus bearing Registration No. TN-49-BD-9010. The permit in respect of the vehicle bearing Registration No.TN-68-P-9229 is valid up to 04.06.2025 and the fitness certificate in respect of the said vehicle is valid up to 26.10.2022. The permit of spare bus bearing Registration No. TN-49-BD- 9010 is valid up to 21.09.2025 and the fitness certificate in respect of the said bus is valid up to 07.01.2023.

3. According to the petitioner, he purchased the bus, along with spare bus, for a total consideration of Rs.19,00,000/- vide sale agreement dated 14.12.2020, executed by late A.Kamaludeen and consequently, the possession of buses was also given to the petitioner. The fitness certificate of the vehicle bearing Registration No.TN-68-P-9229 expired on 26.10.2022. Subsequently, the same was not renewed though the tax was accepted up to the quarter ending on 31.12.2022. Hence, the petitioner has come up with this writ petition.

4. In the counter filed by the first and second respondent, it is stated that since the original owner A.Kamaludeen expired on 14.09.2021, the transfer of ownership could not be made and the fitness certificate in respect of route bus bearing Registration No.TN-68-P-9229 could not be renewed. It is also stated that third respondent, vide letter dated 29.08.2022, requested the second respondent not to transfer the vehicles bearing Registration Nos. TN-68-P-9229 and TN-49-BD-9010, since the vehicles were involved in economic offences, due to which, the vehicles have been blocked in the E- Vaahan portal and further transactions are restricted. Further, as per Rule 208 of Tamil Nadu Motor Vehicle Rules, 1989, read with Section 82(1) of Motor Vehicles Act, 1988, the parties concerned have to appear before the Transport Authority. Simultaneously, as per Rule 214 of Tamil the Nadu Motor Vehicles Rules, 1989, an application under Sub-sections(2)and (3) of Section 82 of Tamil Nadu Motor Vehicles Act, 1988 shall be accompanied by the fee specified in the table under Rule 279 together with the certificate of death of the permit holder, legal heir certificate and no objection certificate from other legal heirs. In the instant case, the information about the death of the permit holder was not received from anybody and no application for transfer of permit was received from any legal heirs within three months of the death of the permit holder. It is also stated that there is no provision under the Motor Vehicles Act and Rules to consider the sale agreement made by the petitioner with the deceased permit holder. Hence, he prayed to dismiss the petition.

5. The learned counsel for the petitioner would submit that as far as the transfer of permit is concerned which is valid up to the year 2025, if any person succeeding to the possession of property, is entitled to apply for transfer of registration as well as permit. Therefore, the contention of the respondents that the transfer of registration and permit cannot be effected without the legal heirs is not valid.

6. The learned counsel for the respondents would submit that as against the original owner, the cases were registered by the economic offences wing /third respondent for allegedly rec