C.K.UDAYAN Vs. REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) Late Omana Udayan, the wife of the petitioner, was the permit holder of a Stage Carriage bearing Reg. No.KL-33/A-7630 plying through the Kadamanchira-Kottayam route. The said permit is valid till 22.4.2023. While so, the permit holder breathed her last on 14.6.2019 as is evident from Exhibit P2 death certificate leaving behind her husband and two children. The petitioner claims that he is in possession of the vehicle. Exhibit P3 relationship certificate issued by the Village Officer after due inquiry reveals that the deceased Omana Udayan has left behind her husband and two children. After the death of the permit holder, intimation was given to the RTA by the petitioner asserting that he is the person succeeding to the possession of the vehicle covered by the permit as contemplated under section 82 (2) of the Motor Vehicles Act , 1988 (" The Act " for short). From Exhibits P4 and P5, it is apparent that the rest of the legal heirs have filed a declaration before the respondents that they have no objection in transferring the ownership of the vehicle to the name of the petitioner and that they have no claim over the same. He contends that he submitted Ext.P6 application before the respondent seeking to transfer the permit. His grievance is that the respondent has refused to consider Exhibit P6 and take a decision. It is in the above backdrop that the petitioner is before this Court seeking for the issuance of a writ of mandamus commanding the respondents to take up Ext.P6 application and take a decision without insisting for the production of a legal heirship certificate.

(2.) Sri.G.Prabhakaran, the learned counsel appearing for the petitioner, relied on the report in Bhagyalekshmy P. v. Secretary, Regional Transport Authority, Palakkad [2010 (2) KLT 431], and it was argued that since Rule 56 of the Central Motor Vehicle Rules does not stipulate production of any particular document to prove the claim of the applicant, it is sufficient that he produces an acceptable document to prove his entitlement for such transfer. The learned counsel has also relied on a decision of a learned Single Judge in the judgment dated 2.8.2019 in W.P. (C). No. 19793 of 2019 wherein identical issue was considered and the ratio laid down in Bhagyalekshmy (supra) was followed.

(3.) Heard the learned Government Pleader and I have considered the submissions.