IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 25TH MARCH 2010 / 4TH CHAITHRA 1932 WP(C).No. 34022 of 2009(W) ----------------------------------------- PETITIONER(S): ------------------------ SMT.MADHURAMEENAKSHY, AGED 32, D/O.E.P.S.NARAYANAN (LATE), 24/544, VIJAYALAKSHMI MANDIRAM, CHALAKUDY, THRISSUR DISTRICT. BY ADVS. MR.P.GOPALAKRISHNA MENON, MR.M.JITHESH MENON. RESPONDENT(S): ---------------------------- THE ADDITIONAL REGISTERING AUTHORITY, OTTAPPALAM-679 101, (JOINT REGIONAL TRANSPORT OFFICER, OTTAPPALAM). BY SR.GOVERNMENT PLEADER MR. K.S. MUHAMMED HASHIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.34022/2009 W APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RELEVANT PAGES OF THE REGISTRATION CERTIFICATE IN RESPECT OF KL-9/N 8188. P2: COPY OF THE INSURANCE CERTIFICATE IN RESPECT OF KL-9/N 8188. P3: COPY OF THE DEATH CERTIFICATE ISSUED ON 15/10/09. P4: COPY OF THE REGISTERED WILL EXECUTED BY LATE E.P.S.NARAYANAN DTD. 13/11/06. P5: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR TRANSFER OF OWNERSHIP IN FORM 31 DTD. 3/11/09. P6: COPY OF THE JUDGMENT IN WPC.NO.23645/08 DTD. 14/08/08. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.34022 of 2009 ------------------------------------------- Dated this the 25th day of March, 2010 JUDGMENT The petitioner is the daughter of late E.P.S.Narayanan who was the registered owner of a tanker lorry bearing Reg.No.KL-9/N 8188. Her father died on 10.10.2009. Immediately, his death was intimated to the respondent. Thereafter, the petitioner submitted Ext.P5 application in the proper form for transfer of the vehicle to her name. According to the petitioner, as per the terms of a Will left by her father, she was entitled to the ownership of the tanker lorry. Though Ext.P5 application for transfer of ownership was submitted to the respondent, she complains that the transfer has not been granted till date. 2. As per Section 50 of the Motor Vehicles Act and Rule 56 of the Central Motor Vehicles Rules, 1989, the petitioner has produced all the necessary documents that are to accompany the application for transfer of ownership. However, the respondent insisted on the wpc No.34022/2009 2 production of a Legal heirship Certificate which is not at all a document that is contemplated by the relevant provisions of law. 3. The respondent has filed a counter affidavit in this matter. According to the respondent, the application for transfer had to be made to the registering authority within whose limit the petitioner was actually residing. Since her address shows that she is residing at Chalakkudy, it is submitted that a proper application would have to be made to the registering authority of that place. It is further contended that the petitioner has not produced the consent of the other legal heirs nor any document to sow her relationship with the deceased. The counsel for the petitioner contends that the provisions do not contemplate the production of any such document. 4. The learned Senior Government Pleader points out that production of a copy of the Will of the deceased person was not sufficient for the reason that there is no record to show the relationship between the petitioner and the said deceased person. Though the provisions of law do not contemplate the production of any such document wpc No.34022/2009 3 showing the relationship of the petitioner to the deceased, it is submitted that the transfer that is sought for could not be granted without the authority being satisfied of the relationship of the petitioner with the deceased person and the entitlement of the petitioner to claim such transfer. 5. A reading of Section 50 of the Act, as well as Rule 56 of Motor Vehicles Rules do not show any condition that the document showing the relationship of the person seeking transfer of the vehicle with the deceased should be produced. However, since the registering authority has a duty to satisfy himself of the entitlement of the person seeking the transfer, insistence on the production of a relationship certificate showing that the petitioner is the daughter and legal heir of the deceased is necessary before transfer of a vehicle can be granted. Though any such document is not specifically contemplated by the Act or the Rules, it cannot be denied that without proper documents showing the competence of the petitioner to seek such transfer, the request cannot be granted. In the present case, the petitioner has produced a copy of the wpc No.34022/2009 4 Will to prove her entitlement. The insistence of the authority for the production of a relationship certificate cannot be found fault with. The counsel for the petitioner assures that necessary documents showing the relationship with the deceased person would be produced by the petitioner in support of Ext.P5 application, to the satisfaction of the respondent. Since Ext.P1 shows that the vehicle in question has been registered with the respondent, Ext.P3 application before the said authority is perfectly maintainable. As per Rule 56, what is contemplated is that the registering authority should be informed of the death of the owner within a period of three months. Sub Rule-2 contemplates that thereafter the person referred to in Sub Rule 1 can submit an application in Form XXXI before the said registering authority for transfer of ownership. In view of the specific provision in Sub Rule 2 entitling the registering authority before whom the vehicle stands registered to transfer the ownership of the vehicle, Ext.P3 is maintainable before the respondent. 6. In the above circumstances, this Writ Petition is disposed of directing the respondent to consider the wpc No.34022/2009 5 application for transfer submitted by the petitioner, evidenced herein by Ext.P5, after calling for such other additional documents as may be necessary for proving the entitlement of the petitioner to such transfer as well as her relationship with the deceased person who was the owner of the vehicle and after considering the said documents also pass appropriate orders in the matter. Such orders as indicated above shall be passed as expeditiously as possible and at any rate within two months from the date of production of the necessary documents. K.SURENDRA MOHAN, JUDGE css/