Vasanthi v. The Regional Transport Authority

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 31ST DAY OF MARCH 2015/10TH CHAITHRA, 1937 WP(C).No. 9032 of 2015 (D) --------------------------- PETITIONER :

----------------------- VASANTHI, W/O.LATE P.K.BALAN, PALLATHUR HOUSE, CHOWANOOR P.O.,KUNNAMKULAM, THRISSUR.

BY ADV. SRI.G.PRABHAKARAN RESPONDENT(S):

----------------------------

1. THE REGIONAL TRANSPORT AUTHORITY, THRISSUR, REPRESENTED BY ITS SECRETARY, PIN-680 003.

2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, THRISSUR-680 003 R1 & R2 BY GOVERNMENT PLEADER SRI.R.RANJITH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 9032 of 2015 (D) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT P1 :

TRUE COPY OF THE PERMIT NO.P.ST.C3/46/97/R EXT P2 :

TRUE COPY OF THE DEATH CERTIFICATE ISSUED BY THRISSUR CORPORATION DATED 29.12.2014.

EXT P3 :

TRUE COPY OF THE RELATIONSHIP CERTIFICATE ISSUED BY THE VILLAGE OFFICER, CHOWANNUR DATED 3.2.2015.

EXT P4 :

TRUE COPY OF THE STATUTORY APPLICATION DATED 19.12.2014. EXT. P5 :

TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 15.1.2015.

EXT P6 :

TRUE COPY OF THE INTIMATION WITH ITS NO.C3/10276/2015/R DATED 20.2.2015.

EXT P7 :

TRUE COPY OF THE JUDGMENT DATED 6.3.2015 IN WPC.NO.6811/2015. RESPONDENT(S)' EXHIBITS:

NIL ----------------------------------------- /TRUE COPY/ P.A.TO JUDGE sts

K.VINOD CHANDRAN, J.

--------------------------------------- W.P.(C).No.9032 of 2015-D ---------------------------------------- Dated this the 31st day of March, 2015

J U D G M E N T

The petitioner seeks consideration of Ext.P4 application for transfer of permit. The petitioner is the wife of one Sri.P K Balan, who was the original permit holder, who died on 14.12.2014. The deceased permit holder is survived by his wife, daughter and son as also the mother. The petitioner purportedly has been authorised by all the legal heirs to obtain transfer of permit and operate the permit in the route. The petitioner is aggrieved by non consideration of the application for transfer of permit.

2. The issue of how succession has to be decided in the case of transfer is no longer res integra as the same has been decided in the case of Bhagyalakshmy v. RTA, Palakkad (2010 (2) KLT 431). In such circumstance the matter has to be considered expeditiously.

3. In the above circumstance, the respondent shall consider the application in consonance with the dictum laid down in the above

W.P.(C).No.9032 of 2015 -D ::2::

decision; in accordance with law, within a period of one month from today. It is made clear that this Court has not looked into the documents produced by the petitioner; nor has made any observation on the merits of the claim.

Writ petition is disposed of.

Sd/- K.VINOD CHANDRAN, Judge jma //true copy// P.A to Judge