COMMON ORDER

W.P.(MD) No.7575 of 2021 has been filed for a Mandamus to direct the respondent 1 to 3 to seize the Mini Bus of the 4th respondent/petitioner in W.P. (MD) No.9738 of 2021, bearing Registration No. TN 25 A 5285 pursuant to the order of the 2nd respondent in No.3378/B1/219 dated 25.01.2021.

2.W.P.(MD) No.9738 of 2021 has been filed for a Mandamus to forbear the

1st respondent from invoking the sanction proceedings of the renewal of permit dated 27.01.2021 under Section 194(1) of the Tamil Nadu Motor Vehicle Rules, 1989 and to direct the 2nd respondent to hand over the original R.C.Book and permit to the petitioner forthwith.

3.The petitioner in W.P.(MD) No.9738 of 2021, Francis Raja shall be referred to as the petitioner and the petitioner in W.P.(MD) No.7575 of 2021, Jospin Sahayarani shall be referred to as the 3rd respondent. The petitioner is the son-in-law of the 3rd respondent. There is a private dispute between them. The petitioner is married to the 3rd respondent's daughter. There is a marital discord between the couples.

4.During the interregnum, the petitioner wanted to transfer the Mini Bus bearing Reg.No.TN 25A 5285 to one Sathyaraj and therefore filed an application before the official respondents for renewing the permit for the period between 15.09.2020 and 14.09.2025. Prior to the filing of the application and for renewing the permit, the petitioner had filed a police complaint stating that he had lost the original documents and thus obtained a duplicate copy of the documents by invoking Rule 215 of the Motor Vehicles Rules, 1989, which reads as under:-

“215. Permit lost — issue of duplicate.—

(1) When permit has been lost, destroyed or mutilated, the holder of the permit shall forthwith intimate the fact in writing to the Transport Authority by which the permit was issued and forward his application for the issue of a duplicate permit.

(2) The Transport Authority shall upon receipt of an application in accordance with sub-rule (1), issue a duplicate permit and endorse thereon certified copies of any endorsement or extension of validity by other authorities intimating the fact to that other authorities.

(3) A duplicate permit shall be clearly stamped "Duplicate" in red ink.

(4) If the Transport Authority, any Inspecting Officer of the Transport Department or any Police Officer above the rank of Sub- Inspector of Police, considers that a permit has become dirty, torn or otherwise defaced so as to be illegible, a notice to this effect shall be served on the holder of the permit and within seven days of the service of this notice the holder shall surrender the permit to the Transport Authority and apply for the issue to him of a duplicate permit in accordance with sub-rules (1) to (3).

(5) The fee for the issue of duplicate permits and duplicate endorsement or extension of validity of permit shall be as specified in the Table under rule 279.

(6) Any permit which is found by any person shall be delivered by that person to the nearest Police Station or to the holder or to the Transport Authority by which it was issued and, if the holder finds or receives any permits in respect of which a duplicate has been issued, he shall return original to the Transport Authority by which it was issued.”

5.The petitioner had earlier filed W.P.(MD) Nos.3451 and 12989 of 2019 and 13928 of 2020. The petitioner was thereafter issued with a duplicate copy of the certificate of registration on 08.01.2019. Later on enquiry, it was revealed that the petitioner had suppressed the fact that the RC book of the Mini Bus was with the 3rd respondent, Jospin Sahayarani, who is incidentally the petitioner's sister. The duplicate certificate of registration, which was procured by the petitioner, was thus cancelled on 20.01.2021 by the Secretary, Regional Transport Authority, Srirangam, Tiruchirappalli District.

6.The petitioner is thus aggrieved by the subsequent order dated

27.01.2021 of the 1st respondent, which enjoins the petitioner to produce th