Biatress Laibi vs The Secretary Regional Transport ...
2022 Latest Caselaw 4512 Ker

W.P.(C).No.13870 of 2022                 1


              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
   TUESDAY, THE 19TH DAY OF APRIL 2022 / 29TH CHAITHRA, 1944
                      WP(C) NO. 13870 OF 2022
PETITIONER:

           BIATRESS LAIBI,
           W/O. ANTONY ALBIN, VARIYATH HOUSE, CHERANELLOOR,
           KALOOR, ERNAKULAM - 682034.
           BY ADV PRASAD CHANDRAN

RESPONDENT:

           THE SECRETARY REGIONAL TRANSPORT AUTHORITY,
           ERNAKULAM, CIVIL STATION, KAKKANAD, ERNAKULAM, PIN
           - 682030.

OTHER PRESENT:

           ADV.RESHMI.K.M-GP



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).No.13870 of 2022                         2

                       VIJU ABRAHAM,J
                  ---------------------------------
                 W.P.(C).No.13870 of 2022
                -------------------------------------
            Dated this the 19th day of April, 2022

                           JUDGMENT

Petitioner's husband is a permit holder who was

operating service on the route Cheranelloor - Mattancherry in

respect of his Stage Carriage KL-07/BF 4343 and the regular

permit granted in respect of the said vehicle was valid till

17.1.2022. It is submitted by the petitioner that her husband

expired on 17.6.2020 and she is one of the legal heirs entitled

to succeed to the assets of her deceased husband including

the possession of the vehicle as is evident from Ext.P3 legal

heir ship certificate. It is submitted that huge financial

constraints occurred due to the outbreak of Covid-19

pandemic and she could not operate the vehicle and therefore,

she has decided to surrender the permit. Therefore, Ext.P4

application was submitted before the respondent in this

regard. The limited prayer of the petitioner is for a direction

to the respondent to consider and pass orders on Ext.P4

application.

2. I have heard the learned counsel for the petitioner as

well as the learned Government Pleader.

3. In the nature of the limited reliefs sought for by the

petitioner, the above Writ Petition is disposed of with a

direction to the respondent to consider and pass orders on

Ext.P4 application within a period of one month from the date

of receipt of a copy of this judgment, after due verification of

relevant documents and after hearing the petitioner as well as

any person affected.

The Writ Petition is disposed of as above.

sd/-

VIJU ABRAHAM, JUDGE

pm

APPENDIX OF WP(C) 13870/2022

PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE PETITIONER'S STAGE CARRIAGE KL- 07/BF-4343.

Exhibit P2 TRUE COPY OF THE REGULAR PERMIT ISSUED TO THE PETITIONER'S HUSBAND VALID TILL 27.01.2022.

Exhibit P3 TRUE COPY OF THE LEGAL HEIR SHIP CERTIFICATE ISSUED TO THE PETITIONER DATED 11.03.2021.

Exhibit P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 21.01.2022.

Exhibit P5 TRUE COPY OF THE JUDGMENT IN WP(C) NO.

6685/2022 DATED 28.02.2022.