LAWS(KER)-2014-2-188

SUMATHYKUTTY Vs. SECRETARY, REGIONAL TRANSPORTAUTHORITY

Decided On February 20, 2014
Sumathykutty Appellant
V/S
Secretary, Regional Transportauthority Respondents

JUDGEMENT

(1.) The petitioner in the above writ petition is aggrieved by the non-issuance of a temporary permit which she had applied for as per Ext.P2. Admittedly, the petitioner's son was a permit holder operating on the strength of a regular permit in the route Thiruvalla - Ranny. The permit stood expired on 05.01.2014 and the petitioner is the sole surviving legal heir of the deceased son and hence filed an application for renewal of permit and transfer of permit in her name.

(2.) The application was admittedly filed delayed, but the same is said to have been rejected for other reasons, which has been challenged by the petitioner in W.P(C) No.2029/2014. In that case, the rejection was on the ground that the petitioner had not produced the legal heirship certificate and also on the ground that an objection was raised by the wife of the permit holder. There was also a further Objection that the No Objection Certificate from the Financier was not produced. In the said case, the wife of the deceased son of the petitioner, is, now impleaded as the additional respondent and notice has been issued. The same has been posted for appearance of the objector.

(3.) In the present case, however, the grievance is that the application for temporary permit is not being considered. Admittedly, there was a regular permit in the said route in which the petitioner's son had been operating. With respect to the No Objection Certificate from the Financier, it is submitted by the learned counsel for the petitioner that the entire liability has been settled and endorsement has been made in the Registration Certificate. It is also submitted that the certificate evidencing the relationship has been produced before the appropriate authority.