IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY
N. Suriyakala – Appellant
Versus
The Regional Transport Autho – Respondent
##PAGE1##
W.P.(MD).Nos.1730 and 1731 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.02.2026
CORAM:
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.P(MD)Nos.1730 and 1731 of 2025
and
W.M.P.(MD)Nos.1230, 1231, 5499, 1237, 1238 & 5512 of 2025
N.Suriyakala ... Petitioner in both the W.Ps.
Vs
1.The Regional Transport Authority,
Kumbakonam Region,
Thanjavur District.
2.The Registering Authority / Secretary,
Regional Transport Officer,
Kumbakonam. ... Respondents in both the W.Ps.
PRAYER IN W.P.(MD)No.1730 of 2025:- Writ Petition filed under Article
226 of the Constitution of India, praying this Court to issue a Writ of
Certiorarified Mandamus, calling for the records of the respondents in
Gazette No.4 of Thanjavur District Gazette dated 06.12.2024 publishing the
order of the respondents in R.No.9513/A2/2024 dated 21.11.2024 declaring
the permit in respect of Vehicle No.TNP-7374 plying on the route
''Kumbakonam Bus Stand to Annal Agraharam'' as non-est with immediate
effect and further directing the General Manager, Tamil Nadu State Transport
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##PAGE2##W.P.(MD).Nos.1730 and 1731 of 2025
Corporation Ltd. (Kumbakonam Division), Kumbakonam, to provide
transport facility on the route immediately and to quash the same and further
direct the respondents to transfer the said permit along with the vehicle from
the name of the deceased permit holder R.Nagarajan in the name of the
petitioner pursuant to the order of this Court in W.P.(MD)No.31337 of 2024,
dated 20.12.2024.
PRAYER IN W.P.(MD)No.1731 of 2025:- Writ Petition filed under Article
226 of the Constitution of India, praying this Court to issue a Writ of
Certiorari, calling for the records of the respondents in R.No.9513/A2/2024
dated 11.11.2024 cancelling the Registration Certificate in respect of Vehicle
No.TNP-7374 plying on the route ''Kumbakonam Bus Stand to Annal
Agraharam'' as non-est and to quash the same.
For Petitioner in both the W.Ps. : Mrs.Radha Gopalan
for Mr.Mohamed Ashik Jaman
For Respondents in both the W.Ps.: Mr.A.Oliraja
Government Advocate
COMMON ORDER
These Writ Petitions have been filed challenging the order of
cancellation of the permit, which was published in the Official Gazette dated
06.12.2024 and cancellation of the Registration Certificate, dated 11.11.2024,
respectively.
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##PAGE3##W.P.(MD).Nos.1730 and 1731 of 2025
2. Pursuant to the cancellation of the registration certificate, the permit
was also cancelled by the impugned order dated 06.12.2024. Challenging
both the cancellation of the registration certificate and the consequential
cancellation of the permit, the present two writ petitions have been filed.
3. The learned counsel for the petitioner submitted that a show cause
notice dated 27.09.2024 was issued for the purpose of cancelling the
registration certificate, which was received by the petitioner’s husband
R.Nagarajan on 07.10.2024, when he was alive. After receipt of the said
notice, he passed away on 15.10.2024, and therefore, the petitioner was not
aware of the said show cause notice. Thereafter, the impugned order declaring
the certificate of registration as non est was passed on 11.11.2024, i.e., after
the demise of the owner of the bus, namely, the petitioner’s husband.
Subsequently, the permit was cancelled on 06.12.2024. Hence, these writ
petitions have been filed on the ground that both the orders were passed
against a dead person, in violation of the principles of natural justice.
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##PAGE4##W.P.(MD).Nos.1730 and 1731 of 2025
4. The learned Government Advocate appearing for the respondents
submitted that the vehicle had been hypothecated and was under the control
of the petitioner’s husband. Under these circumstances, the owner was issued
with a show cause notice. Since no reply was submitted, the impugned orders
came to be passed.
5. Considering the submissions made
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