Chicku P.George vs The Secretary
2021 Latest Caselaw 21329 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
              THE HONOURABLE MR. JUSTICE SATHISH NINAN
     FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
                      WP(C) NO. 22868 OF 2021
PETITIONER:

          CHICKU P.GEORGE, AGED 31 YEARS,W/O LATE BASTIN P. JOHN,
          PUTHENPURACKAL HOUSE, THOKKUPARA.P.O, ADIMALI,IDUKKI.

          BY ADV I.DINESH MENON



RESPONDENT:

          THE SECRETARY,REGIONAL TRANSPORT AUTHORITY,
          IDUKKI COLLECTORATE.P.O,IDUKKI ,PAINAVU-683505.

          SR. GP. SMT.SHEEJA C.S


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C) NO.22868 OF 2021
                                      2



                                JUDGMENT

The petitioner is the widow of late Bastin

P.John. Sri.Bastin P.John was the registered owner of

vehicle bearing Registration No.KL-06 F 1035. Though

the petitioner approached the respondent seeking

transfer of ownership in her name, the same is not

considered by the respondent by insisting for

production of legal heirship certificate, is the

grievance of the petitioner.

2. Heard the learned counsel for the petitioner

and the learned senior Government Pleader Smt.Sheeja

C.S.

3. In terms of Section 82(3) of the Motor

Vehicles Act, where the holder of a permit dies, the

person succeeding to the possession of the vehicle is

entitled to seek for transfer of the permit. So also,

as per Rule 56 of the Central Motor Vehicles Rules,

the person succeeding to the possession of the vehicle

is entitled to seek for transfer of ownership of the

vehicle in his name. Neither of the provisions mandate W.P(C) NO.22868 OF 2021

for production of a legal heirship certificate. This

Court in Bhagyalakshmy P. v. Secretary, Regional

Transport Authority, Palakkad (2010) 2 KLT 431 has

taken the view that, the person seeking for transfer

need to produce only some document to prove the

entitlement for such transfer and that production of a

legal heirship certificate cannot be insisted upon. It

was held that, a certificate or other document proving

the entitlement of the applicant for transfer of

ownership of the vehicle to his name is sufficient.

In the light of the law as above, on the

petitioner submitting an application for transfer,

with the necessary documents evidencing her

entitlement for transfer, the respondent shall

consider the same without insisting for production of

a legal heirship certificate. The order shall be

passed within a period of one month from the date of

production of the application along with the necessary

documents.

                                           Sd/-      SATHISH NINAN

                                                             JUDGE
vdv
 W.P(C) NO.22868 OF 2021



               APPENDIX OF WP(C) 22868/2021

PETITIONER EXHIBITS

Exhibit P1        TRUE COPY OF THE DEATH CERTIFICATE
                  DATED 22.6.2021

Exhibit P2        TRUE COPY OF THE RC BOOK OF VEHICLE KL-
                  06 F 1035.

Exhibit P3        TRUE COPY OF THE FAMILY MEMBERSHIP
                  CERTIFICATE DATED 02/08/2021

Exhibit P4        TRUE COPY OF THE DECISION IN 2010(2)KLT


Exhibit P5        TRUE COPY OF THE JUDGMENT IN WP(C)
                  18939/2021 DATED 14.9.2021

Exhibit P6        TRUE COPY OF THE APPLICATION FOR
                  TRANSFER DATED 02.08.2021.

Exhibit P7        TRUE COPY OF THE REQUEST ALONG WITH
                  AFFIDAVIT OF LEGAL HEIRS DATED
                  11.10.2021.