S. SIVAKUMAR Vs. STATE TRANSPORT APPELLATE TRIBUNAL

JUDGEMENT

(1.) Writ Petition Nos.26816 and 26817 of 2009 have been filed by Mr.S.Sivakumar challenging the impugned order dated 2.12.2009 passed by the first respondent-State Transport Appellate Tribunal, Chennai in Motor Vehicle Appeal Nos.59 and 60 of 2009, whereby both the appeals were allowed by setting aside the orders passed by the Regional Transport Authority, Thiruvannamalai dated 23.1.2009 and 29.1.2009 respectively, consequently, both the matters were remanded to the Regional Transport Authority for fresh consideration in accordance with law and in the light of the observations made in the said order within a period of three months. Writ Petition Nos.4801 and 5628 of 2010 have been filed by Mrs.N.Revathy challenging the very same order dated 2.12.2009 passed by the fourth respondent-State Transport Appellate Tribunal, Chennai in Motor Vehicle Appeal Nos.59 and 60 of 2009.

(2.) The facts in brief leading to the filing of the writ petitions are as follows. The petitioner in W.P.Nos.26816 and 26817 of 2009, Mr.S.Sivakumar's grandfather and the petitioner in W.P.Nos.4801 and 5628 of 2010, Mrs.N.Revathy's father, namely, Mr.M.K.Velu (now deceased) was operating a stage carriage bearing Registration No.TN-23-C-8294, since replaced by Registration No.TN-23-AD-1999 on the route Vellore to Sathanur Dam and a spare bus bearing Registration No.TN-23-AE-7299. While so, on 12.1.2000, both Mr.M.K.Velu and Mr.N.Thangavelu Mudaliar had jointly made an application for transfer of permit in respect of the above stage carriages from the name of Mr.M.K.Velu to Mr.N.Thangavelu Mudaliar under Section 82(1) of the Motor Vehicles Act, 1988 by stating the reason that he was a single bus operator and wanted to retire from the transport field and since Mr.N.Thangavelu Mudaliar was operating a stage carriage in Vellore District, he decided to transfer the above said permit in favour of Mr.N.Thangavelu Mudaliar. In the said transfer application, both the transferor and the transferee declared that there were no arrears of motor vehicle tax due to the Government, however, the said application was returned and finally re-presented on 25.1.2000 after rectification of the defects. Again on 7.2.2000, the transferor Mr.M.K.Velu filed a statement before the Regional Transport Authority requesting to consider the application dated 12.1.2000 and pass necessary orders. However, on 22.2.2000, Mrs.N.Revathy, daughter of the transferor, sent representations to the authority stating that her father had executed a settlement deed in her favour on 26.5.95, therefore, she was the owner and requested not to transfer the permit. Thereafter, on 3.3.2000, the transferor filed a detailed representation stating that the alleged settlement deed was illegal and void and therefore the said N.Revathy had no legal right to make any claim in the matter, on that basis, he requested the other side counsel to advise his client Mrs.Revathy to withdraw the objection.

(3.) In view of the pendency of the matter, the transferee Mr.N.Thangavelu Mudaliar filed W.P.No.3545 of 2000 seeking a direction to the Regional Transport Authority to consider and pass necessary orders on the joint application for transfer of permit dated 12.1.2000. The said writ petition was disposed of by order dated 1.3.2000 directing the Regional Transport Authority to consider and pass orders on the joint application for transfer of permit within three months. Once again Mrs.N.Revathy had filed a representation not to transfer the permit. At this juncture, the permit holder Mr.M.K.Velu himself filed an application on 16.3.2000 stating that his mind was disturbed, hence, requested further time to think over on the joint application for transfer of permit with a further request not to take any action till then. In the meanwhile, one another application dated 21.3.2000 was filed by one Mr.V.Sankar, son of Mr.M.K.Velu with an objection that there was a dispute between him and his father, for which it was claimed that he had filed a suit in O.S.No.74 of 2000 along with an application for injunction to restrain his father from alienating the stage carriages in any manner. However, the said I.A.No.95 of 2000 was posted for hearing on 27.3.2000. In the meanwhile, yet another application was filed by one Mr.V.Balakrishnan, claiming to be another son of Mr.M.K.Velu and adopted son of Mr.Kumaraswamy Mudaliar stating that there was a dispute in respect of the family property and for which a suit was filed in O.S.No.680 of 2000 before the learned Additional District Munsif, Vellore along with an injunction application in I.A.No.637 of 2000 and requested not to pass any orders on the application for transfer of permit.