IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 6TH JANUARY 2011 / 16TH POUSHA 1932 WP(C).No. 37799 of 2010(Y) -------------------------- PETITIONER(S): --------------- JAIMON JAMES, THOTTUPURAM, UDAYA ROAD, THAIKOODAM, VYTTILA P.O. BY ADV. SRI.K.V.GOPINATHAN NAIR SMT.G.CHITRA RESPONDENT(S): --------------- THE REGIONAL TRANSPORT OFFICER, (SECRETARY, REGIONAL TRANSPORT AUTHORITY), ERNAKULAM, PIN - 682 030. BY GOVERNMENT PLEADER SRI.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.37799 of 2010 ----------------------------------------- Dated this the 6th day of January, 2011 JUDGMENT The petitioner's father late James.T.K. owned a tipper lorry bearing registration No.KL-07/BE 7929, a road roller bearing registration No.KL-07/B 9511 and a scooter bearing registration No.KL-07/BJ 64. The petitioner's father passed away on 27.7.2010. It is stated that thereupon the petitioner gave intimation regarding the death of his father to the respondent. The petitioner states that after applying for and obtaining a death certificate from the local authority and a heirship certificate he had submitted the original of Ext.P5 application to the respondent to transfer the ownership of the above said vehicles in his favour along with the original of Ext.P4 consent letter issued by the other legal heirs of his father. The grievance voiced by the petitioner in this writ petition is that notwithstanding the submission of Ext.P5 application along with relevant documents the respondent has declined to take any action in the matter. In this writ petition the petitioner seeks a direction to the respondent to effect transfer of W.P(C).No.37799 of 2010 -:2:- ownership of the aforesaid vehicles and Ext.P1 permit in relation to the tipper lorry in his favour without insisting on the production of legal heirship certificate/succession certificate. 2. Sri.Basant Balaji, learned Government Pleader appearing for the respondent, submitted on instructions that Ext.P5 application was not considered for the reason that the documents required to be produced in terms of rule 56(2) of the Central Motor Vehicles Rules 1989 were not produced. Learned counsel appearing for the petitioner submitted that the petitioner will produce the certificate of registration and the certificate of insurance in respect of the three motor vehicles owned by his father and that upon production of the said documents the respondent may be directed to dispose of Ext.P5 application in accordance with law. 3. I have considered the submissions made at the Bar by the learned counsel on either side. It is now settled by the decision of this Court in Bhagyalakshmy v. R.T.A., Palakkad, 2010 (2) KLT 431 that production of legal heirship certificate or succession certificate is not necessary for effecting transfer of ownership of a vehicle. It is therefore, not necessary for the petitioner to produce a legal heirship certificate or succession W.P(C).No.37799 of 2010 -:3:- certificate. Besides, the petitioner has also produced along with Ext.P5 application the original of Ext.P4 consent letter issued by the other legal heirs of his late father. In such circumstances I dispose of the writ petition with a direction that on the petitioner producing the original of the certificate of registration and the certificate of insurance in respect of the vehicles referred to in Ext.P5 application the respondent shall consider Ext.P5 application and pass appropriate orders thereon expeditiously and in any event within one month from the date of receipt of the aforesaid documents. If the petitioner has not already paid the requisite fee, he shall also remit the prescribed fee and produce the receipt along with the above documents. The petitioner shall also produce the original of Ext.P1 permit in order to enable the respondent to consider his request for transfer of the permit. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.37799 of 2010 ---------------------------- JUDGMENT 6th January, 2011