IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 WP(C).No. 3436 of 2009(H) ------------------------------------ PETITIONER(S): -------------------- P.G.JOSEPH, PADAYATTI HOUSE, PUTHENVELIKKARA, ERNAKULAM DISTRICT. BY ADV. SRI.G.PRABHAKARAN RESPONDENT(S): ---------------------- THE JOINT REGIONAL TRANSPORT OFFICER/ SUB REGIONAL TRANSPORT OFFICE, NORTH PARAVUR. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/02/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 3436 OF 2009 (H) ==================== Dated this the 3rd day of February, 2009 J U D G M E N T Petitioner is aggrieved by Ext.P6. 2. It would appear that petitioners son Sri.P.J.Bosvin was the registered owner of a stage carriage bearing Regn.No.KL-7/AY 5720. The registered owner expired on 21/8/2008 and Ext.P1 is the death certificate. 3. Thereafter, the petitioner, the father of the deceased, obtained Ext.P2 certificate from the Village Officer regarding the legal heirs of the deceased and enclosing Ext.P2 and Ext.P3, the affidavit of the other legal heirs, he applied for transfer of the vehicle in his favour and Ext.P5 is the application. That was returned by Ext.P6 requiring him to produce the legal heirship certificate issued by a competent authority and for payment of prescribed fees. It is challenging Ext.P6 the writ petition is filed. 4. The transfer of ownership on death of owner of the vehicle is covered by Rule 46 of the Central Motor Vehicles Rules and going by the said rule, legal heirship certificate is not a document that is prescribed. Therefore, the direction in Ext.P6 to that extend cannot be sustained. 5. In view of the above, the writ petition is disposed of with the following directions. WPC 3436/09 :2 : (1) That it will be open to the petitioner to submit his application supported by all documents for transfer of ownership of the vehicle in question. (2) On receipt of such an application, the respondent shall issue notice to the other legal heirs, and if he is satisfied that all the legal heirs have consented for the transfer of ownership in favour of the petitioner, necessary orders shall be passed. (3) Petitioner may produce a copy of this judgment before the respondent for compliance. ANTONY DOMINIC, JUDGE Rp