Kerala High Court
Raishly .T. Raphael vs The Regional Transport Authority on 26 May, 2022
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. 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
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-
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-
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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