JUDGMENT : 1. The instant writ petition has been filed for a Mandamus directing the second respondent to receive the petitioner's application dated 09.01.2019 for transfer of permit in respect of his Mini Bus bearing Registration No.TN 25A 5285 plying on the route from Musiri to Sindampatty. 2. It is the case of the petitioner that he is a Mini Bus operator operating a Mini Bus plying on the route from Musiri to Sindampatty. According to the petitioner, he got this permit by way of transfer from his brother namely Soosai Manikandan, who was the original owner of the bus and the permit, in the year 2005. The vehicle was transferred to the name of the petitioner on 11.05.2005. The permit is valid upto 14.09.2020, the Fitness Certificate is valid upto 13.09.2019 and the road tax was paid upto 31.12.2018. Therefore, according to the petitioner, the Mini Bus has got valid records to operate on the route permitted by the respondent. 3. According to the petitioner, he intended to transfer the vehicle as well as the permit to the third respondent, who is also an existing operator owning two mini buses. According to the petitioner, the original RC Book as well as the original permit for the Mini Bus were misplaced/lost and therefore, he could not submit the same along with the transfer application to the first respondent for the transfer of permit. According to the petitioner, the transfer application was submitted to the first respondent without giving the original RC Book and the original permit, but he submitted a duplicate copy of RC book and permit. But, the second respondent refused to receive the transfer application dated 09.01.2019, since the original RC Book as well as original permit were not submitted by the petitioner. Since the second respondent refused to receive the transfer application, the instant writ petition has been filed for a mandamus directing the respondent to receive the petitioner's application for transfer of permit in respect of his Mini Bus. 4. Heard Mr.A.C.Asaithambi, learned counsel appearing for the petitioner and Mr.D.Muruganantham, learned Additional Government Pleader appearing for the respondents 1 and 2. 5. Admittedly along with the application dated 09.01.2019 for transfer of permit, the petitioner had submitted a duplicate copy of RC book as well as the permit. 4. Heard Mr.A.C.Asaithambi, learned counsel appearing for the petitioner and Mr.D.Muruganantham, learned Additional Government Pleader appearing for the respondents 1 and 2. 5. Admittedly along with the application dated 09.01.2019 for transfer of permit, the petitioner had submitted a duplicate copy of RC book as well as the permit. It is the case of the petitioner that the original RC book as well as the original permit have been misplaced/lost and he has not able to produce the same along with the transfer application. The transfer of permit was submitted by the petitioner in accordance with Section 82 of the Motor Vehicle Act, 1988 read with Rule 208 of Tamil Nadu Motor Vehicle Rules. 6. Section 82 of the Motor Vehicle Act, 1988 reads as follows:- 82. Transfer of permit. – (1) Save as provided in subsection (2), a permit shall not be transferable from one person to another except with the permission of the transport authority which granted the permit and shall not, without such permission, operate to confer on any person to whom a vehicle covered by the permit is transferred any right to use that vehicle in the manner authorised by the permit. (2) Where the holder of a permit dies, the person succeeding to the possession of the vehicle covered by the permit may, for a period of three months, use the permit as if it had been granted to himself: Provided that such person has, within thirty days of the death of the holder, informed the transport authority which granted the permit of the death of the holder and of his own intention to use the permit: Provided further that no permit shall be so used after the date on which it would have ceased to be effective without renewal in the hands of the deceased holder. (3) The transport authority may, on application made to it within three months of the death of the holder of a permit, transfer the permit to the person succeeding to the possession of the vehicles covered by the permit: Provided that the Transport Authority may entertain an application made after the expiry of the said period of three months if it is satisfied that the applicant was prevented by good and sufficient cause from making an application within the time specified. Rule 208 of the Tamil Nadu Motor Vehicle Rules reads as follows: 208. Rule 208 of the Tamil Nadu Motor Vehicle Rules reads as follows: 208. Permit-transfer of- When the holder of a permit desires to transfer the permit to some other person under sub section (1) of Section 82, he shall together with the person to whom he desires to make the transfer make joint application in writing to the Transport Authority by which the permit was issued, setting forth the reasons for the proposed transfer. Fee for transfer of permit shall be as prescribed in the Table under rule 279. 7. Instead of accepting the transfer application dated 09.01.2019, to transfer the permit in favour of the third respondent, the second respondent ought not to have refused to receive the same as the Act or its Rules does not impose a stipulation that the original RC book as well as the original permit will have to be submitted along with the transfer application. It is the case of the second respondent as submitted by the learned Additional Government Pleader that there is a third party claim over the same permit which has to be enquired into by the second respondent while deciding the transfer of permit. This issue can very well be considered by the Second respondent while considering the transfer application submitted by the petitioner on merits. This Court is of the considered view that the second respondent has arbitrarily refused to receive the application submitted by the petitioner without any basis. 8. In the result, this Court directs the second respondent to receive the application dated 09.01.2019 submitted by the petitioner for transfer of permit in respect of his Mini Bus bearing Registration No.TN25A 5285 plying on the route of Musiri to Sindampatty without insisting for the original RC book and the original permit and pass orders on the transfer application on merits and after considering the materials available on record, within a period of four weeks from the date of receipt of the application from the petitioner. 9. With the above directions, this Writ Petition is disposed of. No costs.