IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 WP(C).No. 29313 of 2011(L) ---------------------------------------- PETITIONER(S): ------------------------- PRAKASH CHACKO, KOCHUPURACKAL HOUSE, MANNARKKAD, PALAKKAD DISTRICT. BY ADV. SRI.HARISANKAR V. MENON SMT.MEERA V.MENON SRI.MAHESH V.MENON RESPONDENT(S): -------------------------- 1. JOINT REGIONAL TRNASPORT OFFICER, SUB REGIONAL TRANSPORT OFFICE, MANNARKKAD, PALAKKAD DISTRICT.PIN-678 001 2. COMMISSIONER OF TRANSPORT, TRANSPORT COMMISSIONERATE, THIRUVANANTNAPURAM.PIN-695 001 R1 & R2 BY GOVERNMENT PLEADER SRI.G.GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.29313/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE WILL EXECUTED BEFORE A NOTARY PUBLIC, DATED 28/04/2009. P2 COPY OF THE DEATH CERTIFICATE ISSUED BY CHENNEERKARA GRAMA PANCHAYATH, DATED 05/05/2011. P3 COPY OF THE REGISTRATION CERTIFICATE OF A VEHICLE NO.KL-39/3232, DATED 18/11/2006. P4 COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT, DATED 17/10/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 29313 OF 2011 -------------------------- Dated this the 25th day of November, 2011 J U D G M E N T The petitioner is the nephew of Mor Julius Kuriakose, the Metropolitan of Syrian Orthodox Church, who owned a motor car bearing registration No.KL 39/3232. He passed away on 9.4.2011. He had executed the original of Ext.P1 will on 28.4.2009 bequeathing the said motor car to the petitioner. After the will took effect, the petitioner moved the first respondent by an application dated 27.9.2011 for transfer of ownership of the motor car to him. By Ext.P4 letter dated 17.10.2011, the first respondent called upon the petitioner to produce the legal heirship certificate of the deceased registered owner, for proceeding further in the matter. This writ petition is filed challenging Ext.P4 and seeking a direction to the first respondent to process the application without insisting on the production of a legal heirship certificate. 2. Relying on the decision of a Division Bench of this Court in Bhagyalakshmy v. R.T.A. Palakkad (2010 (2) KLT 431) it is contended that the insistence on production of a legal heirship WPC No.29313/2011 2 certificate cannot be sustained. The petitioner has along with I.A. No.18897 of 2011 produced as Ext.P5, a copy of certificate from the Syrian Orthodox Church, to the effect that the petitioner's maternal uncle had held independent assets and that after his death, the church has no claim over the same and that they are to be dealt with in tune with the will executed by him. 3. When the writ petition came up for hearing today, Sri.G.Gopakumar, learned Government Pleader appearing for the respondents submitted on instructions that without insisting on the production of a legal heirship certificate as demanded in Ext.P4, the first respondent will consider the petitioner's application dated 27.9.2011 for transfer of ownership of the motor car on the petitioner producing a notarised copy of the will along with its original before the first respondent and that the first respondent will after perusing the original and comparing with the notarised copy, return the original will to the petitioner and thereafter pass appropriate orders on the petitioner's application. In the light of the said submission, I dispose of the writ petition with the following directions: (i) The petitioner shall along with certified copy of this WPC No.29313/2011 3 judgment produce before the first respondent a notarised copy of Ext.P1 will. The petitioner shall also handover to the first respondent for comparison with the notarised will the original of Ext.P1. (ii) The first respondent shall after comparing the original with the notarised copy furnished by the petitioner, return the original will to him. (iii) The first respondent shall thereafter pass appropriate orders on the petitioner's application for transfer of ownership expeditiously and in any event within two weeks from the date of production of a notarised copy of the will having regard to the fact that the insurance policy of the vehicle has already expired on 16.11.2011. P.N.RAVINDRAN, (JUDGE) vps WPC No.29313/2011 4