High Court Kerala High Court

M.K.Santhosh vs The Regional Transport Authority on 28 May, 2010

Kerala High Court
M.K.Santhosh vs The Regional Transport Authority on 28 May, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 16447 of 2010(E)


1. M.K.SANTHOSH, MUPRAPADAVIL HOUSE,
                      ...  Petitioner

                        Vs



1. THE REGIONAL TRANSPORT AUTHORITY,
                       ...       Respondent

2. THE SECRETARY, REGIONAL TRANSPORT

                For Petitioner  :SRI.K.V.GOPINATHAN NAIR

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :28/05/2010

 O R D E R
                  K.SURENDRA MOHAN, J.
               -------------------------------------------
                  W.P.(C) No.16447 of 2010
               -------------------------------------------
            Dated this the 28th day of May, 2010

                            JUDGMENT

The petitioner’s father was holding a regular permit on

the route Kothamangalam-Kalady in respect of stage

carriage bearing Reg.No.KL-17/7479. The regular permit

is valid till 10.7.2010. The petitioner’s father expired and

thereafter, the petitioner who is the son succeeded to the

possession of the vehicle as well as the permit. It is the

case of the petitioner that the death of his father has been

intimated to the authorities together with the fact that he

has succeeded to the possession of the vehicle as well as

the permit. It is the case of the petitioner that his mother

and elder brother who are the other surviving legal heirs

have consented to transfer of the permit and the vehicle in

favour of the petitioner. They have also submitted

requests for such transfer. Necessary applications for

transfer of the vehicle as well as the permit have been

submitted to the second respondent. However, the

petitioner has been directed to produce the Legal Heirship

wpc No.16447/2010 2

Certificate as a condition for considering his applications.

2 The petitioner relies on the judgment of this Court

dated 9.4.2010 in W.P.(c) Nos.12831 and 12793 of 2010.

It is submitted that, as per the dictum in the said

judgment, the respondent is bound to consider the request

of the petitioner on the basis of the documents produced

by him.

2. In view of the dictum in the decision referred to

above, the respondent cannot insist on production of a

Legal Heirship Certificate as a condition for considering

the request for transfer submitted by the petitioner. The

applications have to be considered in the light of the

documents produced and the question as to whether the

petitioner has succeeded to the possession of the vehicle

and also whether he is entitled to transfer of ownership of

the vehicle would have to be decided on the basis of the

documents produced by the petitioner.

3. This Writ Petition is accordingly disposed of

directing the respondent to consider the applications of

the petitioner for transfer of permit as well as the transfer

of ownership of the vehicle on the basis of the documents

wpc No.16447/2010 3

produced by him in proof of his entitlement to claim such

transfer exclusively to his name and to pass appropriate

orders thereon in accordance with law, as expeditiously as

possible and at any rate within a period of two months

from the date of receipt of a copy of this judgment. The

application of the petitioner for the issue of temporary

permit shall also be considered and appropriate orders

passed thereon, as expeditiously as possible and at any

rate within a period of two weeks from the date of receipt

of a copy of this judgment.

K.SURENDRA MOHAN,
JUDGE

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