M SHANMUGAVEL; M PALANIVEL Vs. SECRETARY STATE TRANSPORT AUTHORITY PUDUCHERRY; STATE TRANSPORT AUTHORITY CHENNAI; M VASUDEVAN; M PALANIVEL; M SHANMUGAVEL; M VENKATESAN; S VANAJA; R MAHESWARI

JUDGEMENT

(1.) There are two writ petitions. Mr.M.Shanmugavel, S/o Manickasamy has filed W.P.No.9070 of 2013 seeking for issuance of a writ of mandamus, to direct the first respondent-Secretary, State Transport Authority, Puducherry to transfer the permit along with the vehicle plying on the inter-state route "Puducherry to Villupuram" along with spare bus bearing Registration No.PY-01/N-5649 from the name of the deceased permit holder Tmt.Rajaveni in the name of the petitioner pursuant to the transfer application dated 26.9.2012. W.P.No.9071 of 2013 has been filed by Mr.M.Palanivel, S/o Manickasamy for almost a similar relief of issuance of a writ of mandamus, to direct the first respondent-Secretary, State Transport Authority, Puducherry to transfer the permit along with the vehicle plying on the inter-state route "Puducherry to Chennai" from the name of the deceased permit holder Tmt.Rajaveni in the name of the petitioner pursuant to the transfer application dated 26.9.2012.

(2.) Advancing arguments in both the writ petitions, Mr.V.T.Gopalan, learned senior counsel appearing for the petitioners submitted that originally the father of the petitioners late Sri.S.Manickasamy was enjoying the transport permits in respect of the vehicles (i) bearing Registration No.PY-01/S-3993 plying on the inter-State route "Puducherry to Villupuram" via Thirukannur, (ii) bearing Registration No.PY-01/AB-5649 plying on the inter-State route "Puducherry to Chennai" via Thirukannur along with the spare bus permit in respect of the vehicle bearing Registration No.PY-01/N-5649. Unfortunately, the father of the petitioners Sri.S.Manickasamy died on 19.8.2001, thereupon, no objection certificate to transfer the permits from the name of their father in the name of their mother Tmt.Rajaveni was given and an application was also made by Tmt.Rajaveni for transfer of the permits with the first respondent after complying with the formalities prescribed under the Motor Vehicles Act and the rules framed thereunder. Subsequently, the first respondent transferred the above said permits along with the vehicles in her name. When the above said vehicles were run in the name of the petitioners mother, she also died on 23.9.2012. Therefore, after the death of Tmt.Rajaveni, both the petitioners, being the legal heirs, succeeded to the possession of the vehicles along with the permits plying on the routes "Puducherry to Villupuram" via Thirukannur and "Puducherry to Chennai" via Thirukannur along with the spare bus bearing Registration No.PY-01/N-5649. Thereafter, both the petitioners, within 30 days from the date of her death, intimated the death of their mother to the first respondent expressing their willingness to use the permits and run the vehicles by making individual applications for transfer of the respective permits as required under Section 82(3) of the Motor Vehicles Act read with Rule 79(1) & (2) of the Pondicherry Motor Vehicles Rules along with the payment of the requisite fee of Rs.100/- each. In addition thereto, a newspaper publication in Form P.Tr.D.A. was also enclosed. The permits in respect of the vehicles are valid upto 27.7.2014 and 26.6.2015 respectively.

(3.) Adding further, it was pleaded before the Court that under Section 82(3) of the Motor Vehicles Act, the transport authority is bound to transfer the permits on an application submitted in favour of the persons succeeding to the possession of the vehicles covered by the permits. In view of that, the petitioners made individual applications on 26.9.2012 for transfer of the respective permits in their name. But the first respondent has not transferred the permits in the name of the petitioners. Therefore, reminders were sent on 2.1.2013 stating that the petitioners had complied with all the formalities required under Section 82(2) of the Motor Vehicles Act read with Rule 79(1) & (2) of the Pondicherry Motor Vehicles Rules and hence the permits should be transferred in their name from the name of their mother Tmt.M.Rajaveni. But the first respondent has not considered the same and there was no response. In view of no progress on the applications made by the petitioners seeking transfer under Section 82(3) of the Motor Vehicles Act, both the petitioners have come before this Court for the reliefs as stated above.