BHAGYALAKSHMY Vs. R T A PALAKKAD

JUDGEMENT

(1.) The petitioner's late husband Sri. T.M. Ramankutty was the owner of two stage carriage vehicles, one bearing Reg. No. KL-9/H 9440 conducting services on the route Malayadivaram-S.K. Puram and the other bearing Reg. No. KL-9/K 1015 conducting services on the route Elavancherry-Palakkad. The permit holder expired on 6.12.2009. According to the petitioner, intimation regarding the death of her husband was given on 14.1.2010, within 30 days of death of the permit holder. Subsequently on 3.3.2010, the petitioner herself intimated the Secretary, Regional Transport Authority that she had succeeded to the possession of the vehicles.

(2.) Thereafter the petitioner has submitted requests for transfer of the vehicles to her name producing all the necessary documents as required by Rule 56 of the Central Motor Vehicles Rules. Her complaint is that the respondent has not entertained the requests for transfer on the ground that Legal Heirship Certificate has not been produced by the petitioner along with her requests for transfer.

(3.) According to the petitioner, though she has applied for the issue of a Legal Heirship Certificate, the same has not yet been obtained by her. According to her, Rule 56 does not contemplate the production of a Legal Heirship Certificate as a requirement for the transfer of a vehicle or a permit. It is contended that her vehicles have valid permits, which are due to expire only on 30.7.2011 and 3.2.2010 respectively. Since the respondent has not issued even an authorisation or temporary permits, in view of the pendency of the transfer applications, the petitioner is compelled to keep her vehicles idle though she has valid permits also. Therefore, she seeks appropriate directions in the matter.