IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 WP(C).No. 24466 of 2011(G) ---------------------------------------- PETITIONER(S): ------------------------ RUKHIYA, W/O. ABDULLA, KANNIPOYILIL HOUSE, KUNNAMANGALAM, KOZHIKODE DISTRICT. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): --------------------------- 1. JOINT REGIONAL TRANSPORT OFFICER, SUB REGIONAL TRANSPORT OFFICE, KODUVALLY, KOZHIKODE DISTRICT.PIN-673 001 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOZHIKODE.PIN-673 001 R1 & R2 BY SR GOVERNMENT PLEADER SMT.ANITHA RAVINDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/12/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.24466/2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P1 : TRUE COPY OF THE REGISTRATION CERTIFICATE RELATING TO GOODS VEHICLE NO.KL-11V- 1739. EXT.P2 : TRUE COPY OF THE NATIONAL PERMIT ISSUED BY THE 2ND RESPONDENT RELATING TO VEHICLE NO.KL-11V -1739. EXT.P3 : TRUE COPY OF THE DEATH CERTIFICATE ISSUED BY THE CORPORATION OF KOZHIKODE ON 20.10.2010 EVIDENCING DEATH OF THE PETITIONER'S HUSBAND SRI.ABDULLA K.P. EXT.P4 : TRUE COPY OF THE LEGAL HEIR SHIP CERTIFICATE NO.56183/11/K3 DTD.2.5.2011. EXT.P5 : TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BY THE THREE SONS OF THE PETITIONER AND ATTESTED BY NOTARY ADVOCATE VIJAYAKUMAR, CHENGOT (REG.NO.7/98 KKD), ON 24.11.2010. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A.TO.JUDGE sts P.N.RAVINDRAN, J. ---------------------------------------------- WP (C) No. 24466 of 2011 ----------------------------------------------- Dated this the 6th day of December, 2011 JUDGMENT The petitioner is the wife of late K.P.Abdullah, the registered owner of a goods vehicle bearing registration No.KL- 11V-1739. The petitioner's husband passed away on 17.10.2010. The petitioner's three sons Noufar, Shameer and Shafeer are employed abroad. With a view to enable the petitioner to apply for transfer of ownership of the goods vehicle to her name, they executed the original of Ext.P5 power of attorney on 24.11.2010. The petitioner thereafter submitted an application for transfer of ownership of the goods vehicle referred to above and produced along with it the original of Ext.P5 power of attorney and also Ext.P4 legal heirship certificate. It is stated that the respondent declined to act on the application and insisted on the production of a no objection certificate from the other legal heirs of the deceased registered owner or their personal presence. This writ petition is filed for an order directing the respondents to accept the papers submitted by the petitioner for effecting transfer of ownership of the vehicle on the strength of Ext.P5 power of WP(C)No. 24466 of 2011 -2- attorney. 2. I heard Smt.N.C.Shalini, learned counsel appearing for the petitioner and Smt.Anitha Ravindran, learned Government Pleader appearing for the respondents. I have also gone through the pleadings and the materials on record. Shorn of details the grievance voiced by the petitioner is that the respondents are insisting that she should either produce a no objection certificate from her children or should ensure their presence for the purpose of entertaining the application for transfer of ownership of the goods vehicle that belonged to her late husband. Ext.P4 discloses that the petitioner and her three children are the legal heirs of late K.P.Abdulla who passed away on 17.10.2010. The children of the petitioner have in Ext.P5 power of attorney authorized her to appear and represent them before the respondents inter alia for the purpose of the filing a petition to transfer the ownership of the goods vehicle to the name of the petitioner. The power of attorney authorises the petitioner to appear before the respondents and represent the three children for filing a petition to transfer the certificate of registration to the name of the attorney. The power of attorney WP(C)No. 24466 of 2011 -3- thus implies the consent of the three children for transfer of ownership of the goods vehicle to the name of their attorney namely their mother, the petitioner herein. Such being the situation, I am of the opinion that the respondents should entertain the application, if any, submitted by the petitioner for transfer of ownership of the motor vehicle from the name of the deceased registered owner to the name of the petitioner without insisting on the personal presence of the three children who have executed Ext.P5 power of attorney or the production of a no objection certificate from them. I accordingly dispose of the writ petition, with a direction to the respondents to entertain the application, if any, submitted by the petitioner for transfer of ownership of the goods vehicle bearing registration No.KL-11V-1739 to the name of the petitioner on the petitioner producing the original of Ext.P5 power of attorney and other relevant documents without insisting on the personal presence of the three sons of the petitioner or the production of a no objection certificate from them. Orders on the application for transfer of ownership shall be passed expeditiously and in any event within one month from WP(C)No. 24466 of 2011 -4- the date on which the petitioner presents it along with a certified copy of this judgment. Sd/- P.N.RAVINDRAN, JUDGE. Rkc // true copy// PA to Judge