M MUTHUSAMI THEVAR (DECEASED) Vs. REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) One Mr. Muthusami Thevar (now deceased) had a stage carriage permit from Ondipudur to Maniyakarampalayam. Since he had become old, he decided to transfer permit in favour of his daughter-in-law. Both of them filed joint application dated 26.1.1993 before the Regional Transport Authority, Coimbatore seeking permission to transfer the permit along with the vehicles bearing Registration No.TN.37.D.9878 and the spare bus TDV 3569. The Regional Transport Authority by order dated 8.3.1993 permitted transfer of the permit. At that stage, M. Duraisamy, son of Muthusamy Thevar through first wife, filed Appeal No.92 of 1993. The appeal was allowed by the Appellate Authority by order dated 25.7.1995 solely on the ground that the appellant in the appeal had not been given opportunity of hearing. The Appellate Court accordingly remanded the matter to the original authority for fresh disposal.

(2.) For convenience, deceased Muthusamy Thevar is hereinafter referred to as the Transferor, the writ petitioner in W.P.No.2620/96 (daughter-in-law of Muthusamy Thevar) is referred to as Transferee and the contesting respondent in both the writ petitions, namely Mr.M. Duraiswami is referred to as the Objector.

(3.) At this stage it is desirable to notice that a suit has been filed by M. Muthusamy, which is pending before the Civil court in Coimbatore.