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High Court of KeralaWP(C)/38684/2015disposed of

Shiji Sunny v. The Secretary

2015-12-22Honourable Mr.Justice V.Chitambaresh5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 22ND DAY OF DECEMBER 2015/1ST POUSHA, 1937 WP(C).No. 38684 of 2015 (I) PETITIONER:

-------------------------- SHIJI SUNNY W/O. C.P. SUNNY CHAKKALAKUDIYIL HOUSE AVOLI, MOOVATTUPUZHA BY ADV. SRI.I.DINESH MENON RESPONDENT:

---------------------------- THE SECRETARY REGIONAL TRANSPORT AUTHORITY IDUKKI - 685 603 BY SR. GOVERNMENT PLEADER SMT. SANJEETHA K.A. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 38684 of 2015 (I) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

COPY OF THE AGREEMENT DATED 31.03.2015 P2 :

COPY OF THE REGULAR PERMIT P3 :

COPY OF THE RC BOOK OF KL-06-C 212 P4 :

COPY OF THE WILL DATED 8.7.2015 P5 :

COPY OF THE DEATH CERTIFICATE DATED 4.12.2015 P6:

COPY OF THE AFFIDAVIT DATED 11.12.2015 P6:

COPY OF THE POWER OF DECISION IN 2010(2) KLT 431 P7:

COPY OF THE REQUEST DATED 11.12.2015 RESPONDENT(S)' EXHIBITS:- NIL /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J W.P.(C). NO. 38684 OF 2015 ---------------------------------------- Dated this the 22nd day of December, 2015

JUDGMENT

The petitioner claims right over the vehicle and the permit by virtue of an alleged registered Will. Ext. P8 request has been made to transfer the vehicle and the permit in accordance with the alleged Will.

2.

The Senior Government Pleader points out that the Will has to be established in a court of law. The same has to be done in accordance with the provisions of the Evidence Act and the Succession Act.

3.

The petitioner contends that all the legal heirs of the original owner have no objection. Interest of justice would be met by directing the respondent to consider Ext. P8 request.

4.

Ext. P8 request shall be considered with notice to the petitioner and the other legal heirs of the deceased owner/permit holder. The transfer shall not be effected if

W.P.(C). NO. 38684 OF 2015 2 anyone of the legal heirs object to it.

5.

It is made clear that the transfer as above would be subject to the decision of any civil court. It is open to any of the parties to question the Will notwithstanding the transfer as ordered above. The respondent shall complete the exercise within a period of one month.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE