IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 WP(C).No. 16409 of 2010(A) ----------------------------------------- PETITIONER(S): ------------------------- SUKESINI G., W/O.LATE G.SATHYANATHAN, POOMKULAM HOUSE, ERIMAYUR, PALAKKAD. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): -------------------------- THE SECRETARY, REGIONAL TRANSPORT AWUTHORITY, PALAKKAD. BY SR. GOVERNMENT PLEADER SRI. K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/05/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.16409 of 2010 ------------------------------------------- Dated this the 28th day of May, 2010 JUDGMENT The petitioner's late husband Sri.G.Sathyanathan was the permit holder on the route Palakkad-Palakkad (circular). The permit holder expired on 15.12.2009. The petitioner immediately intimated the death of the permit holder to the authorities on 4.1.2010. She has also intimated the respondent that she has succeeded to the possession of the vehicle. All documents as required by Rule 50 of the Central Motor Vehicles Rules were also produced before the respondent. According to the petitioner, the vehicle has not been transferred to the name of the petitioner for the reason that she had not produced a Legal Heirship Certificate obtained from the competent authority. According to the petitioner, the said document is not necessary for effecting transfer of the vehicle. It is also submitted that the vehicle is having a valid permit which would expire only on 4.10.2011. The petitioner relies on the judgment of this Court dated wpc No.16409/2010 2 9.4.2010 in W.P.(c) Nos.12831 and 12793 of 2010. It is submitted that, as per the dictum in the said judgment, the respondent is bound to consider the request of the petitioner on the basis of the documents produced by her. 2. In view of the dictum in the decision referred to above, produced as Ext.P10 in these proceedings, the respondent cannot insist on production of a Legal Heirship Certificate as a condition for considering the request for transfer submitted by the petitioner. The applications have to be considered in the light of the documents produced and the question as to whether the petitioner has succeeded to the possession of the vehicle and also whether she is entitled to a transfer of ownership of the vehicle would have to be decided on the basis of the documents produced by the petitioner. 3. This Writ Petition is accordingly disposed of directing the respondent to consider the applications of the petitioner for transfer of permit as well as transfer of ownership of the vehicle on the basis of the documents produced by her in proof of her entitlement to claim such transfer exclusively to her name and to pass appropriate wpc No.16409/2010 3 orders thereon in accordance with law, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment. The application of the petitioner for the issue of temporary permit shall also be considered and appropriate orders passed thereon, as expeditiously as possible and at any rate within a period of two weeks from the date of receipt of a copy of this judgment. K.SURENDRA MOHAN, JUDGE css/