Madras High Court
K.Senthil Arumugam vs The Regional Transport Authority on 7 September, 2023
W.P.(MD).No.20064 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.09.2023
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P.(MD).No.20064 of 2023
K.Senthil Arumugam ... Petitioner
Vs.
1.The Regional Transport Authority,
Tirunelveli District,
Tirunelveli.
2.The Regional Transport Officer,
O/o. Regional Transport Officer,
Tirunelveli – 627 007.
3.Vijayalakshmi
4.K.G.Krishnan
5.K.Sankar ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, directing the first and second
respondents to transfer the Stage Carriage bearing Registration No.TN 72 L
4959 plying on the route Tirunelveli Town to Ayyanarkulampatti along with
Spare Bus bearing Registration No.TN 72 AR 0691 from the petitioner's
deceased mother's name to his name without insisting No Objection Certificate
from the fifth respondent.
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W.P.(MD).No.20064 of 2023
For Petitioner : Mr.A.C.Asaithambi
For R-1 and R-2 : Mr.B.Saravanan,
Additional Government Pleader.
For R-3 and R-4 : Mr.P.Banu Prasath
For R-5 : Mr.H.Arumugam
ORDER
This Writ Petition is filed for Mandamus, directing the first and second
respondents to transfer the Stage Carriage bearing Registration No.TN 72 L
4959 plying on the route Tirunelveli Town to Ayyanarkulampatti along with
Spare Bus bearing Registration No.TN 72 AR 0691 from the petitioner's
deceased mother's name to his name without insisting No Objection Certificate
from the fifth respondent.
2. The petitioner, fourth and fifth respondents are brothers and the third
respondent is the sister of all other three persons. The contention of the
petitioner is that the petitioner is operating the Stage Career even prior to the
petitioner's mother demise. Subsequently, the petitioner is also carrying the
same. The petitioner's mother died on 02.02.2022 and the petitioner's father
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.20064 of 2023
died on 15.03.2016. The third and fourth respondent had already granted “No
Objection” for changing the spare bus in his name, but the fifth respondent is
refusing to give “No Objection”. Hence, the official respondents are refusing to
register the stage career in the petitioner's name.
3. The contention of the fifth respondent is that the petitioner has married
a woman outside their caste. Moreover, the petitioner is running a Stage
Carriage belongs to his entire family and he is also having a share in the bus.
But the contention of the petitioner is that the respondents 3, 4 and 5 are having
separate bus and they are plying the same and they cannot take any share from
the bus which the petitioner is plying.
4. The issue raised by the 5th respondent can be resolved only in partition
suit. However as on date, the petitioner and the respondents 3 to 5 have not
filed any partition suit. Therefore, the petitioner and the respondents 3 to 5 are
directed to file a partition suit and based on the outcome of the partition suit,
the rights of the parties will be determined. Until then, the petitioner shall ply
the Stage Carriage bus. Therefore, the first and second respondents are directed
to transfer the Stage Carriage permit in the name of the petitioner. However,
such transfer is subject to the judgment which would be passed in the partition
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W.P.(MD).No.20064 of 2023
suit. The respondents shall transfer the stage carriage permit within a period of
four (4) weeks from the date of receipt of a copy of this order.
5. With the above direction, this Writ Petition is disposed of. There shall
be no order as to costs.
07.09.2023
NCC : Yes/No
Index : Yes / No
Internet : Yes/ No
Nsr
Note: Issue Order Copy on 11.09.2023.
To
1.The Regional Transport Authority,
Tirunelveli District,
Tirunelveli.
2.The Regional Transport Officer,
O/o. Regional Transport Officer,
Tirunelveli – 627 007.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.20064 of 2023
S.SRIMATHY, J.
Nsr
W.P.(MD).No.20064 of 2023
07.09.2023
https://www.mhc.tn.gov.in/judis
