The requirement of a legal heir certificate or No Objection Certificate from other legal heirs for the transfer of a permit under the Motor Vehicles Act does not arise when the transfer is sought based on a Will executed by the original permit holder.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.01.2022

CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR

Writ Petition No.27350 of 2021

and

WMP.No.28862 of 2021

D.Naveen Kumar

...Petitioner

-Vs-

1. The Regional Transport Authority,

Vellore District, Vellore.

2. The Secretary,

Regional Transport Authority,

Vellore District, Vellore

...Respondents

Writ Petition under Article 226 of the Constitution of India

praying for the issuance of a Writ of Mandamus, directing the 1^st

respondent to grant temporary permit on the application dated

04.05.2021, filed by the petitioner for the grant of temporary

permit in respect of the vehicle bearing Registration No.TN-23-

AJ-3555 permitted to ply on the route Vellore to R.K.Pet,

pending consideration of the application dated 24.12.2020 for

transfer of permit filed by the petitioner.

For Petitioner :

Mr.M.Palani

For Respondents:

Mrs.V.Yamuna Devi

Special Government Pleader

O R D E R

The prayer sought for herein is for a Writ of Mandamus

directing the 1^st respondent to grant temporary permit on the

application dated 04.05.2021, filed by the petitioner for the

grant of temporary permit in respect of the vehicle bearing

Registration No.TN-23-AJ-3555 permitted to ply on the route

Vellore to R.K.Pet, pending consideration of the application

dated 24.12.2020 for transfer of permit filed by the petitioner.

https://hcservices.ecourts.gov.in/hcservices/

2.That one Dhanabakkiammal was given the stage carriage

permit for the stage carriage vehicle bearing registration

No.TN-23-AJ-3555 to ply the vehicle on the route between Vellore

to R.K.Pet (via) Vallimalai and Sholingur.

3.The said Dhanabakkiammal, though married one Durairaj, the

couple did not have any issue. Therefore, the said Durairaj

married one D.Vasantha, as 2^nd wife for whom there are three

children. The petitioner is the 3^rd son of Durairaj Vasantha

couple.

4.During the lifetime of said Dhanabakkiammal, the original

permit holder, she bequeathed a Will in favour of the petitioner

with regard to the properties of the Dhanabakkiammal, which

include the stage carriage permit. Subsequently the said

Dhanabakkiammal died on 25.11.2018. After the death of the said

Dhanabakkiammal with the strength of the Will she executed to

and in favour of the petitioner, the petitioner made an

application to the respondents for transfer of the permit of the

stage carriage.

5.During the pendency of the decision to be taken on the

said Application submitted by the petitioner, temporary permit

was given for 90 days period and the last such temporary permit

for 90 days was given on 08.02.2021, which expired on

08.05.2021. Thereafter, even though further temporary permit was

sought for by Application dated 04.05.2021, the same was not

considered and granted.

6.In the meanwhile, since the application submitted by the

petitioner for transfer of the permit was not considered and it

was kept pending for want of production of No Objection

Certificate from other legal heirs i.e., the other two sons of

Durairaj Vasantha couple, who are brothers of the petitioner,

the petitioner had filed a Writ Petition in W.P.No.2969 of 2021

seeking for a writ of mandamus directing the Regional Transport

Authority concerned to consider the application of the

petitioner dated 24.12.2020 for transfer of permit from the name

of the deceased permit holder Dhanabakkiammal to the name of the

petitioner.

7.The said Writ Petition came to be decided by a learned

Judge of this Court by order dated 17.03.2021, wherein the

learned Judge has passed the following order:

“5. The petitioner is claiming right over

the vehicle based on the will executed by the

owner of the vehicle Dhanabakkiammal (since

deceased) and therefore, the question of legal

heir certificate does not arise in this case.

Th