BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 16.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN

W.P.(MD) No.7575 and 9738 of 2021

and

W.M.P.(MD) No.5743 and 7439 of 2021

Jospin Sahayarani

...Petitioner in W.P.(MD).No.7575 of

2021

P.Francis Raja

...Petitioner in W.P.(MD).No.9738 of 2021

/vs./

1.The Regional Transport Officer,

Regional Transport Office,

Thiruchirappalli.

2.The Assistant Licensing Authority,

Regional Transport Office,

By-Pass Road,

Musiri Town, Musiri Taluk,

Trichy District.

3.The Inspector of Police,

Musiri Police Station,

Musiri,

Trichy District.

4.Francis Raja

...Respondents in W.P.(MD).No.7575 of 2021

1.The Regional Transport Authority Cum

District Collector,

Thiruchirappalli District.

2.The Secretary,

Regional Transport Authority,

Srirangam, Trichy District.

3.Jospin

...Respondents in W.P.(MD).No.9738 of 2021

PRAYER in W.P.(MD).No.7575 of 2021: Writ Petition is filed under

Article 226 of the Constitution of India for issuance of Writ of

Mandamus, directing the respondent 1 to 3 to seize the mini bus of

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the 4^th respondent bearing registration No.TN25 A 5285 pursuant to

the order of the 2^nd respondent made in No.3378/B1/219 dated

25.01.2021.

PRAYER in W.P.(MD).No.9738 of 2021: Writ Petition is filed under

Article 226 of the Constitution of India for issuance of Writ of

Mandamus, forbearing the 1^st 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 further

directed the 2^nd Respondent to hand over the original R.C.Book and

permit to the Petitioner forthwith.

W.P.(MD).No.7575 of 2021

For Petitioner

: Mr.I.Velpradeep

For R1 to R3

: Mr.V.Nirmal Kumar

Government Advocate

For R4

: Mr.A.C.Asaithambi

W.P.(MD).No.9738 of 2021

For Petitioner

: Mr.A.C.Asaithambi

For R1 and R2

: Mr.V.Nirmal Kumar

Government Advocate

For R3

: Mr.I.Velpradeep

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 4^th

respondent/petitioner in W.P.(MD) No.9738 of 2021, bearing

Registration No. TN 25 A 5285 pursuant to the order of the 2^nd

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 1^st 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 2^nd

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

3^rd respondent. The petitioner is the son-in-law of the 3^rd

respondent. There is a private dispute between them. The petitioner

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is married to the 3^rd 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 issu