IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944
WP(C) NO. 16979 OF 2022
PETITIONER:
RAISHLY .T. RAPHAEL,
AGED 32 YEARS
S/O.RAPHAEL.T.A[LATE], THANNIPPILLY HOUSE, EDAVANAKKAD.P.O.,
ERNAKULAM DISTRICT.
BY ADV M.JITHESH MENON
RESPONDENTS:
1 THE REGIONAL TRANSPORT AUTHORITY,
ERNAKULAM, CIVIL STATION, KAKKANAD, KOCHI-682030.,REPRESENTED
BY ITS SECRETARY.
2 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY, ERNAKULAM, CIVIL STATION,
KAKKANAD, KOCHI-682030.
3 THE JOINT REGIONAL TRANSPORT OFFICER,
NORTH PARUR, REPUBLIC ROAD, NORTH PARAVUR, PIN--683513
SRI.BIMAL K. NATH, SR. GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
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W.P.(C) No.16979 of 2022
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Dated this the 26th day of May, 2022
J U D G M E N T
Petitioner is the son of late Smt.Margali Raphael who passed away on 14.02.2022. She was the owner of and the holder of a regular permit in respect of stage carriage KL-34/3808. She was also the registered owner of a motor car bearing registration No.KL-7-AN-2700. According to the petitioner, on the death of the mother, he succeeded to the possession of the vehicles. He submitted Ext.P7 application for transfer of permit in respect of KL-34/3808 in his name. Ext.P7 is the application. On the same, the petitioner has been issued with Ext.P10 communication requiring production of legal heirship certificate for effecting the transfer. The statute does not require a legal heirship certificate for effecting the transfer, and insistence of the same is illegal, is the contention of the petitioner. W.P.(C) No.16979 of 2022 -: 2 :-
2. Heard the learned counsel for the petitioner and the learned Senior Government Pleader.
3. Ext.P6 is the relationship certificate issued from the concerned village office. As per the certificate, the petitioner and late Shalet Raphel are the children of late Margali Raphel. Ext.P8 is a notarised affidavit sworn to by the petitioner and the two children of late Shalet Raphel to the effect that the ownership of the vehicle first above referred to and the permit are agreed to be transferred to the petitioner. In Bhagyalakshmy v. RTA, Palakkad [2010 (2) KLT 431], this Court after referring to the relevant statutory provisions has held that insistence of a legal heirship certificate for transfer of vehicle of a deceased registered owner is beyond the stipulations of the statute and that all that he needs to is, to satisfy the authority that he has legally succeeded to possession of the vehicle.
W.P.(C) No.16979 of 2022 -: 3 :-
4. In the light thereof, the request of the petitioner for transfer is liable to be considered, without insisting for production of legal heirship certificate.
It is ordered accordingly.
Sd/-
SATHISH NINAN JUDGE kns/-
//True Copy// P.S. to Judge APPENDIX OF WP(C) 16979/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DEATH CERTIFICATE ISSUED BY THE EDAVANAKKAD GRAMA PANCHAYATH DATED 25-2- 2022
Exhibit P2 TRUE COPY OF THE REGULAR PERMIT ISSUED IN THE NAME OF LATE SMT.MARGALI RAPHAEL IN RESPECT OF STAGE CARRIAGE KL-34/3808 DATED 30-3-2021 Exhibit P3 TRUE COPY OF THE REGISTRATION CERTIFICATE OF STAGE CARRIAGE KL-34/3808 Exhibit P4 TRUE COPY OF THE REGISTRATION CERTIFICATE OF VEHICLE BEARING REGISTRATION NO.KL-7/AN.2700 Exhibit P5 TRUE COPY OF THE INTIMATION SUBMITTED BY THE PETITIONER DATED O7-3-2022 Exhibit P6 TRUE COPY OF THE RELATIONSHIP CERTIFICATE ISSUED BY THE EDAVANAKKAD VILLAGE OFFICE DATED 18-3-2022 Exhibit P7 TRUE COPY OF THE APPLICATION FOR TRANSFER OF PERMIT SUBMITTED BY THE PETITIONER DATED 20- 4-2022 Exhibit P8 TRUE COPY OF THE NOTARIZED AFFIDAVIT FILED BY THE PETITIONER AND THE OTHER LEGAL HEIRS OF MARGALI RAPHAEL DATED 18-4-2022 Exhibit P9 TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT DATED 14-3- 2022 Exhibit P10 TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 29-4- 2022 Exhibit P11 TRUE COPY OF THE JUDGMENT RENDERED BY THIS HON'BLE COURT IN W.P.[C] NO. 12099/2015 DATED 10-4-2015.
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