SUSAN SUNNY Vs. REGIONAL TRANSPORT AUTHORITY MUVATTUPUZHA

JUDGEMENT

(1.) THE petitioner is the widow of late Sunny, S/o.Varghese, Puthenpurackal House, Aickaranadu, Kadayiruppu, Kolenchery. He died on 22.08.2010. The petitioner's husband was the holder of a regular permit issued to a stage carriage vehicle bearing Registration No.KL-17/C 9310 conducting services on the route Ernakulam-Perumbavoor. The permit is valid for the period from 20.06.2007 to 19.06.2012. After the death of her husband, according to the petitioner, she is in possession of the vehicle. The other legal heirs of the deceased have sworn to an affidavit, Ext.P2, before a Notary Public, expressing their consent for transfer of the permit to the name of the petitioner. The petitioner has also approached the 1st respondent for transfer of the permit.

(2.) THE petitioner had earlier approached this Court by filing W.P(c) No.13070 of 2012 complaining that the authority was not considering her application for transfer of the permit. This Court has by Ext.P4 judgment dated 12.06.2012 directed the 1st respondent to pass necessary orders. According to the petitioner, no orders have been passed in the matter even thereafter, because the 1st respondent is insisting that the petitioner should produce a legal heirship certificate. Therefore, the petitioner seeks the issue of appropriate directions to the 1st respondent for the consideration of her application, without insisting on a legal heirship certificate.

(3.) IN view of the above decision, the insistence of the 1st respondent on the petitioner to produce a legal heirship certificate, is unsustainable. Therefore, the petitioner is entitled to succeed.