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2021 Supreme(Online)(KER) 29682

HIGH COURT OF KERALA
HARI – Appellant
Versus
THE SECRETARY – Respondent


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 requir

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