Kerala High Court
Nayana K.M vs Regional Transport Authority on 3 July, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 3RD DAY OF JULY 2024 / 12TH ASHADHA, 1946
WP(C) NO. 3333 OF 2023
PETITIONER:
NAYANA K.M,
AGED 32 YEARS
W/O RAJEESH P.R, POZHAMKANDATH HOUSE,
AYAMUKKU, CHIRANELLUR P.O
THRISSUR., PIN - 680501
BY ADV K.V.GOPINATHAN NAIR
RESPONDENTS:
1 REGIONAL TRANSPORT AUTHORITY,
THRISSUR,REPRESENTED BY THE SECRETARY,
CIVIL STATION, AYYANTHOLE P.O,
THRISSUR, KERALA., PIN - 680003
2 SECRETARY, REGIONAL TRANSPORT AUTHORITY,
THRISSUR, CIVIL STATION,
REGIONAL TRANSPORT OFFICER ,
AYYANTHOLE P.O, THRISSUR,
KERALA-680003., PIN - 680003
3 RADHA,
W/O RAGHAVAN, POZHAMKANDATH HOUSE,AYAMUKKU,
CHIRANELLUR P.O,
THRISSUR-680501.
BY ADVS.
SRI.S.GOPINATHAN- SR.GOVERNMENT PLEADER
C.A.ANOOP-R3
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.3333 Of 2023
2
JUDGMENT
Dated this the 3rd day of July, 2024
The petitioner's husband was the registered owner and
the permit holder in respect of Stage Carriage No.KL-08AN-
6381 on the route Thrissur- Kunnamkulam. The petitioner's
husband passed away on 08.02.2022. The said regular
permit is at present valid up to 22.11.2023.
2. After the death of the permit holder, the petitioner
being the wife succeeded to the possession of the vehicle and
the Permit, and the said fact has already been intimated to the
2nd respondent-Secretary, Regional Transport Authority as per
Section 82(2) of the Motor Vehicles Act. The petitioner
thereafter submitted Exhibit.P5 application seeking transfer of
Permit along with all relevant documents.
WP(C) No.3333 Of 2023
3. The 3rd respondent, who is mother of the
petitioner's husband filed O.S.347/2022 before the Sub Court,
Thrissur claiming assets of the deceased son. The pendency
of the above suit does not stand in the way of transfer of
permit and vehicle in the name of the petitioner, contends the
petitioner. The 2nd respondent is duty bound to consider
Ext.P5 application along with all related documents submitted
by the petitioner and to allow transfer of Permit as well as
vehicle in favour of the petitioner. Aggrieved by the inaction on
the part of the 2nd respondent in considering Ext.P5
application, the petitioner has approached this Court filing this
writ petition.
4. Ext.P5 application submitted by the petitioner is for
transfer of Permit which was in the name of the petitioner's
deceased husband. The petitioner states that she is in
possession of the vehicle. There are no adverse interim
order / injunction in O.S.No.347/2022. In such circumstances,
WP(C) No.3333 Of 2023
the 2nd respondent is duty bound to consider the application, if
necessary after giving opportunity of hearing to the 3 rd
respondent.
In the facts of the case, the writ petition is disposed of
directing the 2nd respondent to consider Ext.P5 application
and related documents and take appropriate decision thereon,
in accordance with law, after giving an opportunity of hearing
to the petitioner and the 3rd respondent. This shall be done
within a period of two months. The petitioner and the 3 rd
respondent will be at liberty to produce additional materials if
any, to enable the 2nd respondent to arrive at a proper
conclusion. It is made clear that all other legal contentions
regarding the inheritance under the Hindu Succession Act
pending consideration before the Civil Court are left open.
Sd/-
N.NAGARESH
JUDGE
hmh
WP(C) No.3333 Of 2023
APPENDIX OF WP(C) 3333/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE DEATH CERTIFICATE
ISSUED BY THE PANCHAYATH DATED
26.8.2022
Exhibit P2 TRUE COPY OF THE FAMILY RELATIONSHIP
CERTIFICATE ISSUED BY THE VILLAGE
OFFICER DATED 29.9.2022
Exhibit P3 TRUE COPY OF THE REGULAR PERMIT VALID
UP TO 22/11/2023 DATED 10/08/2022
Exhibit P4 TRUE COPY OF THE INTIMATION REGARDING
THE DEATH OF THE HUSBAND DATED
30/09/2022
Exhibit P5 TRUE COPY OF THE APPLICATION SUBMITTED
BY THE PETITIONER SEEKING TRANSFER OF
PERMIT DATED 10.11.2022
Exhibit P6 TRUE COPY OF THE DECLARATION FILED BY
THE PETITIONER DATED 20/10/2022
Exhibit P7 TRUE COPY OF THE SAID NOTICE ISSUED BY
THE 2ND RESPONDENT DATED 09/11/2022
Exhibit P8 TRUE COPY OF THE STATEMENT GIVEN
SUBMITTED BY THE PETITIONER BEFORE THE
RESPONDENT DATED 19.11.2022 WHICH IS
RECEIVED BY THE RESPONDENT ON
22.11.2022
Exhibit P9 TRUE COPY OF THE REQUEST MADE BY THE
PETITIONER DATED 24.1.2023 FOR RENEWAL
OF FITNESS CERTIFICATE
EXHIBIT P10 THE ORDER OF THE SUB COURT, THRISSUR
IN OS NO: OS 347/2022 DATED 14.11.22
