1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.10.2011 CORAM: THE HONOURABLE Mr.JUSTICE K.CHANDRU W.P.(MD)No.5527 of 2011 and M.P.(MD)No.1 of 2011 L.Vijayalakshmi ... Petitioner Vs. 1.The Regional Transport Authority, Tuticorin District, Tuticorin. 2.The Regional Transport Officer, The Regional Transport Office, Koramballam 628 101, Tuticorin District. 3.S.Alagu Lakshmi ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the first and second respondents from transferring the permit in respect of stage carriage bearing Reg.No.TN-69/AA 5679 plying on the route Tuticorin to Boothalapuram to the third respondent name without the consent of the petitioner. For Petitioner : Mr.A.C.Asaithambi For Respondents : Mr.M.Govindan, Spl.G.P. for R1 and R2 Mr.C.Dhanaseelan for R3 O R D E R The petitioner is the last daughter of one U.M.Sankara Narayanan, who was the proprietor of Sri Durga Transport, was plying a stage carriage vehicle with registration No.TN-69/AA-5679 in the route from Thoothukudi to Boothalapuram. Unfortunately, her father died on 24.03.2011 leaving behind her mother, the 3rd respondent herein and 4 other daughters. 2.It is the case of the petitioner that the other sisters and the mother collusively are trying to transfer the permit in favour of some other person and obtained her signature by force and using the signature, they are trying to transfer the permit to her mother. It is under these circumstances, after sending a legal notice, field the present Writ petition. It was stated that her signature was obtained by force and it is not valid one. The 2nd respondent / Regional Transport Officer, Thoothukudi is acting as an agent of the 3rd respondent namely, her own mother and the petitioner being a legalheir is entitled for equal share on the said permit and hence, the permit should not transfer without her concern. https://hcservices.ecourts.gov.in/hcservices/ 2 3.When the Writ petition came up on 04.05.2011, this Court ordered notice and no interim order was granted. 4.It is not clear as to how such a writ petition is maintainable. The previsions relating to transfer of permit has been completely codified by the Motor Vehicles Act, 1989 and under Section 82 deals with transfer of permit. In fact, any illegal action is taken by the authorities, including a Regional Transport Authorities, the acts provides for an appeal under Section 89 to the State Transport Appellate Tribunal. Even there is no specific provisions for appeal under Section 90, a revision also lies to the STAT. If the petitioner interests in the route permit as well as the bus, she has to file appropriate partition suit before the Civil Court and if her interest is only to prevent the transfer of the permit in her own mother's name, she has to make a complaint before the appropriate authority and even her existing complaint was not looked into by the official respondents a Writ petition will lie unless the petitioner exhausts all the statuary appeal / revision remedy under the Act. 5.Hence, the Writ petition stands dismissed. No costs. Consequently, connected M.P.is closed. Sd/- Deputy Registrar(Writs) /True Copy/ Assistant Registrar To 1.The Regional Transport Authority, Tuticorin District,Tuticorin. 2.The Regional Transport Officer, The Regional Transport Office, Koramballam 628 101, Tuticorin District. +1cc to Mr.C.Dhanaseelan, Advocate, Sr.No.35506 +one cc to Special Government Pleader, Sr.No.35736 W.P.(MD)No.5527 of 2011 13.10.2011 nbj sma/2.11.2011/5c/2p https://hcservices.ecourts.gov.in/hcservices/