IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932 WP(C).No. 20667 of 2010(G) -------------------------- PETITIONER: ------------------- SMT.NOORJAHAN, W/O.LATE.N.ABDUL JABBAR, `NOORJAHAN MANZIL', ATHIMANI, VANDITHAVALAM P.O., PALAKKAD. BY ADVS. SRI.SAJEEV KUMAR K.GOPAL SMT.AMBIKA RADHAKRISHNAN RESPONDENTS: ------------------------- 1. THE REGIONAL TRANSPORT AUTHORITY, PALAKKAD, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, PALAKKAD. BY GOVT. PLEADER, SRI.M.A.ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20667 of 2010(G) ---------------------------------------- APPENDIX ------------------ PETITIONERS' EXHIBITS ----------------------------------- EXT.P1. COPY OF THE DEATH CERTIFICATE ISSUED BY THE SUB REGISTRAR, BIRTHS AND DEATHS, PALAKKAD MUNICIPALITY. EXT.P2. COPY OF THE CERTIFICATE OF THE RELATIONSHIP ISSUED BY THE VILLAGE OFFICER, THATTAMANGALAM. EXT.P3. COPY OF THE INTIMATION REGARDING THE DEATH OF THE PETITIONER'S HUSBAND GIVEN TO THE 2ND RESPONDENT. EXT.P4. COPY OF THE REQUEST TO TRANSFER OF PERMIT. EXT.P5. COPY OF THE AFFIDAVIT SUBMITTED BY FIRROSGHAN, SON OF THE PETITIONER. EXT.P6. COPY OF THE AFFIDAVIT SUBMITTED BY FIRDOSH BEGUM, DAUGHTER of the PETITIONER. EXT.P7. COPY OF THE AFFIDAVIT SUBMITTED BY THAJMALKHAN, SON OF THE PETITIONER. EXT.P8. COPY OF THE JUDGMENT IN WP(C) NO.16409 OF 2010 (A) OF THIS HON'BLE COURT DATED 28.05.2010. RESPODENTS EXHIBITS : NIL ------------------------------------- P.A. TO JUDGE / TRUE COPY / VK C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 20667 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of October, 2010 J U D G M E N T The petitioner is a widow of one Sri. N. Abdul Jabbar, who was the registered owner of a stage carriage bearing registration No. KL-11/K-6696. The said vehicle is covered with a regular permit. On the death of Sri.N. Abdul Jabbar, the petitioner has submitted Exts.P3 and P4 applications respectively for transfer of permit and for transfer of ownership of the vehicle. Ext.P1 is the death certificate of the said Sri.N.Abdul Jabbar. Ext.P2 is the certificate issued by the concerned village officer showing the relationship of the petitioner with the deceased. Exts.P5 to P7 are the No Objection Certificates issued by the children of the deceased expressing their consent for transfer of permit and ownership in the name of the petitioner. The grievance of the petitioner is that despite the receipt of the said documents no action has so far been taken to effect the transfer of ownership as also the transfer of permit, in respect of the aforesaid vehicle, in the name of the petitioner. It is further contended WPC.20667/2010 : 2 : that the respondents are insisting the petitioner for production of legal heirship certificate. Based on Ext.P8 judgment of this Court in WP(C)No. 16409/2010, it is contended that production of legal heirship certificate is not mandatory for the purpose of deciding transfer of ownership and permit. In short, when other documents showing relationship are available, there is no need to insist for production of legal heirship certificate. 2. I have heard the learned counsel for the petitioner as also the learned Government Pleader. 3. The learned Government Pleader submitted that though an application for temporary permit has been received, the respondents have not yet received a proper application for transfer of ownership and permit from the petitioner. That apart, it is submitted that on 9.7.2010 a hearing was scheduled. However, the petitioner and other legal heirs did not attend the same. 4. The learned counsel for the petitioner submits that in case, the respondents fix any date for appearance of the petitioner as also the other legal heirs, they would appear before the said authority. It is prayed that the respondents may be directed not to insist for production of legal heirship certificate as a condition for consideration of the applications. WPC.20667/2010 : 3 : In the circumstances, this Writ Petition is disposed of on the following lines:- It will be open to the petitioner to make proper applications for transfer of permit and transfer of ownership in respect of the aforesaid vehicle. On receipt of such application the respondents shall fix a date for hearing the petitioner and the other legal heirs and the respondents shall not insist for production of legal heirship certificate for consideration of the applications for transfer of permit and ownership in case, the petitioner produces such other documents proving her entitlement to claim transfer of permit and ownership of the vehicle and appropriate application for transfer of permit and ownership. The second respondent shall consider the request of the petitioner for transfer of ownership and permit in accordance with law expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment provided the petitioner satisfies the above conditions. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge