SARADHA RAMACHANDRAN Vs. REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) THE petitioner prays for issuance of a Writ in the nature of Mandamus, directing the Respondent No.1 to transfer the existing vehicle of Saradha Road lines along with the permit of the route from Embal to Elankurichi to the name of the petitioner and her mother Akilandam in the place of her father, K.Yagnasubramanian.

(2.) THE Writ Petition as framed is not competent. It is the case of the petitioner that before transferring the route permit, the competent authority is to hold an enquiry under Section 82 read with Rule 211 of the Tamil Nadu Motor Vehicles Act and Rules. It is also the case of the petitioner that an application has been made to the Respondent No.1 which is yet to be considered and decided.

(3.) THIS Court cannot go into the allegation of fraud to consider the validity of the gift deed, nor it is permissible for Respondent No.1 to go into this question, as it is only within the jurisdiction of the Civil Court to determine the complicated question of fact to determine the question of fraud after parties are allowed to lead evidence in support thereof.