Legal title disputes regarding vehicle permits must be adjudicated in civil court and cannot obstruct administrative actions by authorities such as permit transfers.

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18.06.2025 CORAM THE HONOURABLE MRS JUSTICE N. MALA WP NO. 25629 of 2011 and M.P.No.1 of 2011 and M.P.No.1 of 2015 R.V.K.Ravichandran ...Petitioner Vs.

1.The Regional Transport Authority, Villupuram.

2.The Secretary, Regional Transport Authority, Villupuram.

3.K. Elambaruthi.

4.K.Gomathi. 5.A.Amudha

6.M.Anuradha ..Respondents Prayer : Writ Petition is filed under Article 226 of Constitution of India for issuance of writ of Mandamus to direct the respondent Nos.1 and 2 herein to grant the transfer application for transfer of the permit in respect of the vehicle bearing registration No.TN-25/W-4003 plying on the route "Ulundurpet" to Sankarapuram ", spare bus bearing Registration No.TN-21/H-9977 and the two wheeler bearing registration No.TN-32/S-9338 in the name of the petitioner from the name of the deceased permit holder R.V.Kannan without insisting on the no objection certificate from the legal heirs of Late R.V.Kannan.

For Petitioner: Mr.Radhagopalan For Respondents: Mrs.P.Vijayadevi, GA for R1 and R2 Mr.P.R.Thiruneerkandan for R3 to R6.

ORDER

This petition has been filed to direct the respondent Nos.1 and 2 herein, to grant the transfer application for transfer of permit in respect of the vehicle bearing registration No.TN-25/W-4003, plying on route "Ulundurpet" to Sankarapuram ", spare bus bearing Registration No.TN-21/H-9977, and the two wheeler bearing registration No.TN-32/S-9338, in the name of the petitioner, from the name of the deceased permit holder R.V.Kannan, without insisting on the no objection certificate from the legal heirs of Late R.V.Kannan.

2. The petitioner's father one R.V.Kannan was holding stage carriage permit for plying on the route "Ulundhurpet to Sankarapuram", spare bus permit and also a two wheeler permit. The petitioner's father was operating the vehicle for about two decades. While so, the petitioner's father died on 19.01.2011, leaving behind the petitioner, his brother and three sisters.

According to the petitioner, his deceased father executed a Will on 24.05.2007, bequeathing the permits for the aforesaid three vehicles to the petitioner. Therefore, the petitioner submitted an application for transfer of permit in his name, on 29.07.2021, after complying with all the formalities. Since the petitioner's application for transfer of permit was not considered, he submitted a representation on 08.08.2011, to the respondents no.1 and 2, for transfer of the permit.

3. Pending consideration of his transfer application, temporary permit was granted to the petitioner. However, when the petitioner insisted for permanent transfer, the petitioner was informed that he would have to produce the NOC from the legal heirs for considering his application for transfer. Meanwhile, the petitioner received a memo on 14.10.2011, from the office of the 2nd respondent, enclosing the objections of the respondents 4 to 6, to the transfer of permit in his favour. As the respondents 4 to 6 objected to the transfer of permit, the respondents kept the petitioner's application pending without passing any orders thereon. The petitioner therefore, left with no other remedy, filed the above writ petition for the aforesaid relief.

4. Learned counsel for the petitioner submitted that the respondents ought to have transferred the permit in favour of the petitioner since he complied with all the conditions for transfer and that the validity of the Will, under which the petitioner claimed transfer, was not a valid ground to refuse the petitioner's request for transfer of permit