IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 WP(C).No. 16447 of 2010(E) ---------------------------------------- PETITIONER(S): ------------------------ M.K.SANTHOSH, MUPRAPADAVIL HOUSE, VAIKARA P.O., PERUMBAVOOR. BY ADVS. SRI.K.V.GOPINATHAN NAIR SMT.G.CHITRA RESPONDENT(S): --------------------------- 1. THE REGIONAL TRANSPORT AUTHORITY, MUVATTUPUZHA, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MUVATTUPUZHA. R1 & R2 BY SR. GOVERNMENT PLEADER SRI. K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/05/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss 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/