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High Court of KeralaWP(C)/34734/2014disposed of

T Chandrika v. Regional Transport Authority ,Thrissur

2015-01-06Honourable Mr.Justice K.Vinod Chandran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 6TH DAY OF JANUARY 2015/16TH POUSHA, 1936 WP(C).No. 34734 of 2014 (N) -------------------------------------- PETITIONER(S):

----------------------- T. CHANDRIKA, D/O.LATE A. RAMAN NAIR, THALAPPILLY HOUSE, KOZHUKKULLY P.O., THRISSUR.

BY ADV. SRI.I.DINESH MENON RESPONDENT(S):

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

1. REGIONAL TRANSPORT AUTHORITY, THRISSUR - 680 002.

2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, THRISSUR - 680 002.

BY GOVERNMENT PLEADER SRI.R.RENJITH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 34734 of 2014 (N) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1: TRUE COPY OF THE DEATH CERTIFICATE DATED 2.11.2009. EXHIBIT-P2: TRUE COPY OF THE PERMIT DATED 24.7.1990. EXHIBIT-P3:TRUE COPY OF THE SETTLEMENT DEED DATED 12.6.2014. EXHIBIT-P4: TRUE COPY OF THE TRANSFER APPLICATION DATED 11.12.2014 WITH COVERING LETTER, DELAY PETITION AND CHALAN.

EXHIBIT-P5: TRUE COPY OF THE RENEWAL APPLICATION DATED 11.12.2014 WITH DELAY PETITION AND CHALAN.

EXHIBIT-P6: TRUE COPY OF THE REPLACEMENT APPLICATION DATED 11.12.2014 WITH CHALAN.

EXHIBIT-P7: TRUE COPY OF THE TEMPORARY APPLICATION DATED 11.12.2014 WITH CHALAN.

EXHIBIT-P8: TRUE COPY OF THE LEASE AGREEMENT DATED 11.12.2014. RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

K.VINOD CHANDRAN, J - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 34734 of 2014 - - - - - - - - - - - - - - - - Dated 6th January, 2015 - - - - - - - - - - - - - - - - - - - - - - - -

JUDGMENT

The petitioner seeks transfer of a permit in her name being the legal heir of the permit holder. The permit holder who is deceased is said to be the father of the petitioner. Ext.P1 is the death certificate with respect to the said person. However, in Ext.P2 the name of the permit holder is shown as P.C.Paily.

2. The learned counsel for the petitioner submits that in fact, the permit has been transferred in the name of her father and on his demise, the petitioner as the legal heir, is entitled to obtain transfer of permit as per the family settlement evidenced at Ext.P3. For the permit to be transferred in her name, an application has been filed at Ext.P4.

3. If the permit regarding which the transfer is sought for, is in the name of the deceased father of the

WP(C).34734/14 petitioner, the 2nd respondent shall, on production of sufficient documents evidencing the petitioner's claim, consider the application at Ext.P4, after notice to the other legal heirs, if necessary. Same shall be done within a period of one month from today. In the meanwhile, if no other application from any of the legal heirs is pending, the application for temporary permit produced at Ext.P7 shall be considered and the permit issued, if there is no legal impediment, within two weeks from today. Writ petition disposed of.

Sd/- K.VINOD CHANDRAN Judge Mrcs //True Copy//