IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 4TH JUNE 2010 / 14TH JYAISTHA 1932 WP(C).No. 16527 of 2010(M) ----------------------------------------- PETITIONER(S): ------------------------ PRABHIN,S/O.LATE T.K.NATESAN, THEKKEVEZHAKKOTTU HOUSE,PERUMPADAPPU, ERNAKULAM DISTRICT. BY ADV. SRI.G.PRABHAKARAN RESPONDENT(S): --------------------------- 1. THE REGIONAL TRANSPORT AUTHORITY, ERNAKULAM,REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY,REGIONAL TRANSPORT AUTHORITY,ERNAKULAM. R1 & R2 BY SR.GOVERNMENT PLEADER SRI. K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.16527 of 2010 ------------------------------------------- Dated this the 4th of June, 2010 JUDGMENT The petitioner is the son of late T.K.Natesan who was the permit holder of a stage carriage service operating on the route Konam-Perumpadappu-Kakkanad-Fort Kochi via Thoppumpady, Ernakulam, Menaka with vehicle bearing Reg.No.KL-7/AK 9072. He is survived by the petitioner, his mother and brother. The petitioner has intimated the authorities of the death of his father, of the fact that he has succeeded to the possession of the vehicle and of his intention to use the permit. The petitioner has applied for transfer of the permit to his name by producing necessary documents like Death Certificate, Relationship Certificate and an affidavit of the other legal heirs expressing their no objection to transfer the permit in favour of the petitioner. The complaint of the petitioner is that the authority has directed the petitioner to produce a Legal Heirship Certificate. It is contended that Rule 56 of the Central Motor Vehicles Rules does not stipulate the production of wpc No.16527/2010 2 a Legal Heirship Certificate for the purpose of such transfer. Therefore, it is submitted that Ext.P5 is unsustainable. The counsel for the petitioner also places reliance on the decision reported in Bhagyalakshmy.P. v Secretary, RTA, Palakkad (ILR 2010(2) Kerala 560). I have heard the learned Senior Government Pleader also. 2. In view of the dictum laid down by this Court in the decision Bhagyalakshmy.P. v Secretary, RTA, Palakkad reported in ILR 2010 (2) Kerala 560, Ext.P5 cannot be sustained. The same is accordingly set aside. 3. This Writ Petition is accordingly disposed of directing the respondents to consider the request for transfer of permit submitted by the petitioner without insisting on the production of a Legal Heirship Certificate. A decision on the said application shall be taken as expeditiously as possible and at any rate within a period of one month from the date of receipt of a copy of this judgment. K.SURENDRA MOHAN, JUDGE css/