LINTO AUGUSTINE Vs. AVINASHKUMAR AND ORS.

JUDGEMENT

(1.) THE petitioner in W.P.(C). No. 1735/2015 is the review petitioner in R.P. No. 1024/2014. For convenience, parties are referred to by their names.

(2.) ONE Pramod Kumar had a regular permit in the route Ernakulam - High Court Junction - Manjapra; in which was endorsed a vehicle bearing registration No. KL -07 BA/4359. The said permit holder died on 03.02.2014. One Amarnath Prabhu as power of attorney holder of Avinash Kumar, is said to have raised a claim for transfer of the regular permit, on the death of the permit holder, for reason of the permit holder having died intestate and without issues. The deceased permit holder is said to be the father's brother of Avinash Kumar.

(3.) THE review petition has been filed seeking review of the judgment directing consideration of the temporary permit application in WPC 31278/2014. The review petitioner submits that the said Avinash Kumar is not a legal heir of the deceased permit holder. Though Bhagyalakshmy (Supra) considered the issue of whether a legal heirship certificate has to be produced, the dictum laid down in the said decision cannot be misinterpreted to hold that any person; even one who does not legally succeed to the deceased permit holder, would be entitled to seek a transfer of permit, merely on the basis of a relationship evidenced by a relationship certificate.