Kerala High Court
Hari vs The Secretary on 22 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY, THE 22ND DAY OF MARCH 2021 / 1ST CHAITHRA, 1943
WP(C).No.4977 OF 2021(V)
PETITIONER/S:
HARI
AGED 34 YEARS
S/O. LATE M.K.RAMAN., MANGALATH HOUSE,
THANISSERY.P.O., THRISSUR-680 701
BY ADV. SRI.I.DINESH MENON
RESPONDENT/S:
THE SECRETARY
REGIONAL TRANSPORT AUTHORITY, THRISSUR,
COLLECTORATE.P.O., AYYANTHOLE, THRISSUR-680 003
SR.GP K.P HARISH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.4977 OF 2021(V)
2
JUDGMENT
The petitioner is a legal heir of the original permit
holder, one M.K.Raman. He was holding few permits in
respect of the route Perinjanam-Thrissur, with respect to
vehicles No.KL-45H 8445, KL-08 AR 4007, KL-06 E 864
and KL-08 AH9. The father of the petitioner expired on
18.11.2018. It seems that death intimation was given
on time but there was delay in filing the application for
transfer, since settlement among the members of the
family was arrived at, only belatedly. Transfer of permit
application was filed as Ext.P2. It was submitted by the
learned counsel for the petitioner at the time of hearing
that separate identical applications have been submitted
in relation to all the above vehicles. The grievance of
the petitioner is that, in spite of enquiry conducted by
the Secretary, RTA, no final decision has been passed.
It is also apprehended that possibly the respondent is
insisting for a Legal Heir Ship certificate for the purpose
WP(C).No.4977 OF 2021(V)
of endorsing transfer. According to the petitioner, in the
light of law laid down by this court in Bhagyalakshmi
Vs RTA, Pallakkad 2010 (2) KLT 431, for the
purpose of transfer of stage carriage permit, no Legal
Heir Ship Certificate is required and it is enough that
one prevails that he has legally succeeded to the
possession of the vehicle. Further, it has been held that
the authority need not insist for Legal Heir Ship
Certificate and any other acceptable documents to
establish that applicant has succeeded possession of the
permit and vehicle is enough evidence to transfer a
stage carriage permit.
2. The learned senior Government Pleader on
instructions submitted that pursuant to the above
application, the legal heirs were heard and in the light of
certain objections regarding legal heir ship, the matter
has been ordered to be placed by the Secretary before
the RTA. It seems that all the other legal heirs have
joined and offered their consent. They were also given
an opportunity of being heard. The materials are
WP(C).No.4977 OF 2021(V)
available on record. Enquiry was conducted in relation to
all the above vehicles.
3. Having considered this, I am inclined to direct
the RTA, to consider the application as expeditiously as
possible, at any rate, within a period of six weeks from
the date of receipt of a copy of this judgment. If there
is no likelihood of RTA meeting being convened within
the above six weeks period, the authority shall take
appropriate decision by circulation invoking Section 130
of the Kerala Motor Vehicles Rules, within the said
period.
Writ Petition is disposed of.
Sd/-
SUNIL THOMAS, JUDGE
R.AV
WP(C).No.4977 OF 2021(V)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE DEATH CERTIFICATE
DATED 6.12.2018
EXHIBIT P2 TRUE COPY OF THE TRANSFER
APPLICATION DATED 4.10.2019
EXHIBIT P3 TRUE COPY OF THE COVERING LETTER
DATED 4.10.2019
EXHIBIT P4 TRUE COPY OF THE DELAY PETITION
DATED 3.10.2019
EXHIBIT P5 TRUE COPY OF THE FAMILY MEMBERSHIP
CERTIFICATE DATED 24.3.2019
EXHIBIT P6 TRUE COPY OF THE DECLARATION DATED
13.11.2019
EXHIBIT P7 TRUE COPY OF THE PERMIT IN RESPECT
OF KL-08 AH 9
EXHIBIT P8 TRUE COPY OF THE PERMIT IN RESPECT
OF KL-8 AR 4007
EXHIBIT P9 TRUE COPY OF THE PERMIT IN RESPECT
OF KL-06 E 864
EXHIBIT P10 TRUE COPY OF THE PERMIT IN RESPECT
OF KL-45 H 8445
EXHIBIT P11 TRUE COPY OF THE DECISION REPORTED
IN 2020 (2) KLT 431
RESPONDENT'S/S EXHIBITS NIL
