ANITHA RATHEESH Vs. REGIONAL TRANSPORT OFFICER

JUDGEMENT

(1.) The petitioner's late husband Sri.Ratheeshkumar was the registered owner a CB UNICON Motor Cycle bearing Registration No.KL-07/BV-3545 covered by Ext.P1 certificate of registration. He expired on 27.06.2017. In order to substantiate the said fact, the petitioner would rely on Ext.P2 Death Certificate dated 22.07.2017 issued by the Registrar of Births and Deaths, Cheranellur Grama Panchayat. According to the petitioner, in order to effect transfer of ownership, she obtained Ext.P3 Relationship Certificate from Poonithura Village Officer on 09.10.2017. However, when an application was made before the respondent seeking transfer of ownership of the aforesaid vehicle, the same was not accepted on the ground that Ext.P3 document is not sufficient to effect such transfer and the petitioner should produce certificate from the Revenue Authorities showing the details of the family members of the registered owner. It is in such circumstance that the petitioner is before this Court in this writ petition seeking a writ of mandamus commanding the respondent to accept the application for transfer of ownership of the vehicle covered by Ext.P1, following the procedure prescribed under Rule 56 of the Central Motor Vehicle Rules.

(2.) Heard the learned counsel for the petitioner and also the learned Senior Government Pleader appearing for the respondent.

(3.) The issue raised in this writ petition is no more res integra, in view of the law laid down by a learned Single Judge of this Court in Bhagyalakshmy v. R.T.A., Palakkad [2010 (2) KLT 431]. Paragraphs 6 to 8 of the said judgment reads thus :