1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.06.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD)No.2280 of 2011 AND M.P.(MD) Nos.1 and 2 of 2011 Murugan @ Murugesan : Petitioner Vs. 1. The Regional Transport Authority, Pudukkottai,Pudukkottai District. 2. The Secretary, Regional Transport Authority, Pudukkottai, Pudukkottai District. 3.Meenakshi 4.Yamuna 5.S.Anand : Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, to direct the respondents No.1 and 2 to transfer the stage permit No.TN-55V-9810, TN-55H-8888, Mini Bus stage carriage permit in TN-55H-9099 idle stage carriage TN-55-T-4365 in the name of all legal heirs of permit holder and owner Thiru.Shanmugam Servai. For Petitioner : Mr.K.Baalasundharam For Respondents : Mr.T.S.Mohammed Mohaideen S.G.P. for RR1 and 2 Ms.J.Anandhavalli for R3 No Appearance for R4 and R5 ORDER Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for respondents 1 and 2 as well as the learned counsel appearing for the respondent No.3. 2.The petitioner has come up with the present writ petition to direct the respondents No.1 and 2 to transfer the stage permit No.TN-55V-9810, TN-55H-8888, Mini Bus stage carriage permit in TN-55H-9099 idle stage carriage TN-55-T-4365 in the name of all legal heirs of permit holder and owner Thiru.Shanmugam Servai. 3.It is the case of the petitioner that the petitioner and the 3rd respondent are the legal heirs of one Shanmugam Servai. The said Shanmugam Servai died intestate on 24.11.2010. After his death, difference of opinion has arisen between them. Their father https://hcservices.ecourts.gov.in/hcservices/ 2 had stage carriage permit for the buses bearing No.TN-55V-9810 and TN-55M-8888 with permit Mini Bus TN-55H-9099 with permit and idle stage carriage Bus TN-55T-4365. The petitioner has sought for transfer of the stage permit. Since the same has not been considered, he has come up with the present writ petition. 4.After notice, it is represented by the learned counsel appearing for the 3rd respondent that the 3rd respondent has made an application before the respondents 1 and 2 for transfer of the stage permit pertaining to the vehicle in question enclosing the release deed made by the petitioner as well as the respondents 4 and 5. Notice has gone from the 2nd respondent to the petitioner as well as the respondents 3 to 5. At this stage, the present writ petition has been filed. 5.The learned Additional Government Pleader appearing for the respondents 1 and 2 submits that the application preferred by the 3rd respondent is pending enquiry after due notice to the parties concerned and before the same could be considered, the present writ petition has been filed. That part, he has contended that an order will be passed after hearing all the parties concerned. 6.In view of the above stated position, I am inclined to direct the 2nd respondent, to hold an enquiry on the application preferred by the 3rd respondent seeking transfer of such permit after hearing the petitioner as well as the respondents 3 to 5. The said exercise has to be carried out within a period of four weeks from the date of receipt of a copy of this order. As and when the order is passed by the 2nd respondent, it is open to the parties to challenge the same in the manner known to law, if it is against them. 7.This writ petition stands ordered in the above terms. No costs. Consequently, connected miscellaneous petitions are also closed. Sd/- Deputy Registrar(LA) /TRUE COPY/ Assistant Registrar To 1.The Regional Transport Authority,Pudukkottai,Pudukkottai District. 2.The Secretary,Regional Transport Authority, Pudukkottai,Pudukkottai District. +1cc to Mr.K.Balasundharam, Advocate SR.No.18711 +1cc to M/S.J.Anandhavalli, Advocate SR.No.18704 +1cc to Special Govt.Pleader SR.No.18965 Order made in W.P.(MD) No.2280 of 2011 arul 16.06.2011 PA/22.06.2011/2P/6C https://hcservices.ecourts.gov.in/hcservices/