JUDGMENT

The petitioner is a legal heir of the original permit holder, one M.K.Raman. He was holding few permits in respect of the route Perinjanam-Thrissur, with respect to vehicles No.KL-45H 8445, KL-08 AR 4007, KL-06 E 864 and KL-08 AH9. The father of the petitioner expired on 18.11.2018. It seems that death intimation was given on time but there was delay in filing the application for transfer, since settlement among the members of the family was arrived at, only belatedly. Transfer of permit application was filed as Ext.P2. It was submitted by the learned counsel for the petitioner at the time of hearing that separate identical applications have been submitted in relation to all the above vehicles. The grievance of the petitioner is that, in spite of enquiry conducted by the Secretary, RTA, no final decision has been passed. It is also apprehended that possibly the respondent is insisting for a Legal Heir Ship certificate for the purpose of endorsing transfer. According to the petitioner, in the light of law laid down by this court in Bhagyalakshmi Vs RTA, Pallakkad 2010 (2) KLT 431, for the purpose of transfer of stage carriage permit, no Legal Heir Ship Certificate is required and it is enough that one prevails that he has legally succeeded to the possession of the vehicle. Further, it has been held that the authority need not insist for Legal Heir Ship Certificate and any other acceptable documents to establish that applicant has succeeded possession of the permit and vehicle is enough evidence to transfer a stage carriage permit.

2. The learned senior Government Pleader on instructions submitted that pursuant to the above application, the legal heirs were heard and in the light of certain objections regarding legal heir ship, the matter has been ordered to be placed by the Secretary before the RTA. It seems that all the other legal heirs have joined and offered their consent. They were also given an opportunity of being heard. The materials are available on record. Enquiry was conducted in relation to all the above vehicles.

3. Having considered this, I am inclined to direct the RTA, to consider the application as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of a copy of this judgment. If there is no likelihood of RTA meeting being convened within the above six weeks period, the authority shall take appropriate decision by circulation invoking Section 130 of the Kerala Motor Vehicles Rules, within the said period.

Writ Petition is disposed of.

Sd/-

SUNIL THOMAS, JUDGE

R.AV

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE DEATH CERTIFICATE DATED 6.12.2018 EXHIBIT P2 TRUE COPY OF THE TRANSFER APPLICATION DATED 4.10.2019 EXHIBIT P3 TRUE COPY OF THE COVERING LETTER DATED 4.10.2019 EXHIBIT P4 TRUE COPY OF THE DELAY PETITION DATED 3.10.2019 EXHIBIT P5 TRUE COPY OF THE FAMILY MEMBERSHIP CERTIFICATE DATED 24.3.2019 EXHIBIT P6 TRUE COPY OF THE DECLARATION DATED

13.11.2019 EXHIBIT P7 TRUE COPY OF THE PERMIT IN RESPECT OF KL-08 AH 9 EXHIBIT P8 TRUE COPY OF THE PERMIT IN RESPECT OF KL-8 AR 4007 EXHIBIT P9 TRUE COPY OF THE PERMIT IN RESPECT OF KL-06 E 864 EXHIBIT P10 TRUE COPY OF THE PERMIT IN RESPECT OF KL-45 H 8445 EXHIBIT P11 TRUE COPY OF THE DECISION REPORTED IN 2020 (2) KLT 431 RESPONDENT'S/S EXHIBITS NIL