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
css/