Baiju A.B. v. The Regional Transport Authority, Ernakulam & The Secretary, Regional Transport Authority, Ernakulam

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **TUESDAY ,THE 22ND DAY OF JANUARY 2019 / 2ND MAGHA, 1940** ## **WP(C).No. 41850 of 2018** ## **PETITIONER :** **BAIJU A.B. AGED 35 YEARS S/O BABU, ARACKAL HOUSE, VADAKKEKARA P.O., PATTANAM, NORTH PARUR.** **BY ADVS. SRI.M.JITHESH MENON SMT.K.INDU** ## **RESPONDENTS:** **1 THE REGIONAL TRANSPORT AUTHORITY ERNAKULAM CIVIL STATION, KAKKANAD, KOCHI-682 030.** - **2 THE SECRETARY** **REGIONAL TRANSPORT AUTHORITY, ERNAKULAM CIVIL STATION, KAKKANAD, KOCHI-682 030.** **BY SMT C.S.SHEEJA, SENIOR GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No. 41850 of 2018** **2** ## **JUDGMENT** The petitioner is one of the legal heirs of late Babu, who was the holder of Ext.P2 regular permit on the route Kodungallour-Ernakulam South in respect of stage carriage bearing registration No.KL-37/2829 and Ext.P3 regular permit on the route Ernakulam High Court Junction-North Paravur in respect of stage carriage bearing registration No.KL-7/AV-8181. Babu died on 04.10.2018, as evident from Ext.P1 death certificate dated 11.10.2018 issued by Kochi Municipal Corporation. The petitioner intimated the death of Babu to the 2[nd] respondent vide Ext.P4 intimation dated 01.11.2018. After obtaining Ext.P5 relationship certificate dated 29.10.2018 from the Village Officer, Vadakkekkara, the petitioner moved Exts.P6 and P7 applications for transfer of permits. The petitioner has also produced Ext.P8 affidavit dated 26.11.2018 filed by the petitioner and **WP(C).No. 41850 of 2018** ## **3** other legal heirs of late Babu to the effect that they have no objection in transferring the ownership of the vehicle and also the permits in the name of the petitioner. Thereafter, the petitioner moved this Court in this writ petition seeking a writ of mandamus commanding the 1[st] respondent to consider Exts.P6 and P7 applications for transfer of permits and allow the same without insisting for production of legal heirship certificate, within a short time, as stipulated by this Court. 2. On 20.12.2018, when this writ petition came up for admission, the learned Senior Government Pleader was directed to get instructions. 3. On 11.01.2019, during the course of arguments, the learned Senior Government Pleader pointed out that the 1[st] applicant in Exts.P6 and P7 applications is a dead person, namely, the deceased permit holder, who is also the **WP(C).No. 41850 of 2018** **4** registered owner of stage carriage bearing registration Nos.KL-37/2829 and KL-7/AV-8181. The learned counsel for the petitioner submitted that the petitioner shall make a proper application along with other legal heirs of the deceased permit holder/registered owner and produce those applications as additional documents in the writ petition. 4. Today, when the case is taken up for consideration, the petitioner has filed I.A.No.1 of 2019 seeking an order to accept Exts.P10 & P11 applications as additional documents. 5. Heard the learned counsel for the petitioner and also the learned Senior Government Pleader appearing for respondents 1 and 2. 6. In _**P.Bhagyalakshmy v. The Secretary,**_ ## _**Regional Transport Authority, Palakkad [2010 (2)**_ _**KLT 431],**_ this Court held that since Rule 56 of the Central Motor Vehicle Rules does not **WP(C).No. 41850 of 2018** **5** stipulate production of any particular document to prove the claim of the applicant, it is sufficient that he produces an acceptable document to prove his entitlement for such transfer. The document may be the legal heirship certificate, a relationship certificate issued by the Village Officer or a succession certificate, a Will or a partnership deed or some other document that would show that he had succeeded to the possession of the vehicle. Paragraphs 5 to 8 of the said judgment read thus: _“5. Though R.56 of the Central Motor Vehicles Rules does not specifically stipulate the production of a Legal Heirship Certificate in support of an application for transfer of ownership of a vehicle consequent upon the death of the owner and permit holder, a reading of the provision makes it sufficiently clear that the transfer of a vehicle cannot be ordered without proper proof of succession to the properties of the deceased. The motor vehicle being a very valuable item of movable property, any decision permitting transfer of ownership of the same can be taken only with proper application of mind._ **WP(C).No. 41850 of 2018** **6** _6. Rule 56 of the Central Motor Vehicles Rules reads as follows:_ - _“56. Transfer of ownership on death of owner of the vehicle:--_ - _1) Where the owner of a motor vehicle dies, the person succeeding to the possession of the vehicle may for a period of three months, use the vehicle as if it has been transferred to him where such person has, within thirty days of the death of the owner informs the registering authority the occurrence of the death of the owner and of his own intention to use the vehicle._ _2) The person referred to in sub-rule (1) shall apply in Form 31 within the period of three months to the said registering authority for the transfer of ownership of the vehicle in his name, accompanied by --_ _a) the appropriate fee as specified in Rule 81;_ _b) death certificate in relation to the registered owner; c) the certificate of registration; and_ _d) the certificatate of insurance._ _A reading of sub-r.(1) of R.56 makes it abundantly clear that the right to use the vehicle of a deceased person is conferred on the person “succeeding to the possession of the vehicle”. The words clearly indicate that the right to use the vehicle for a period of three months, as if it had been transferred to him, has been conferred on a person who satisfies the condition stipulated therein, namely, that he has succeeded to the possession of the vehicle. He has to satisfy the further condition of having informed the registering authority within thirty days of the death of the owner of two facts, the first being the factum of the death of the owner and the second_ **WP(C).No. 41850 of 2018** **7** _being his intention to use the vehicle. As per sub-r.(2) of R.56, it is the person who is referred to in sub-r.(1) who shall apply in Form 31 within the period of three months to the said registering authority for the transfer of ownership of the vehicle to his name. Therefore, the person seeking such transfer would have to satisfy the authority by producing necessary documents that he has 'succeeded' to the possession of the vehicle. Since the expression used is 'possession', the person need not in all cases be the owner of the vehicle. A co-owner or a partner who succeeds to the possession of the vehicle can also move under sub-r.(1), though, transfer of ownership of the vehicle can be granted only to a person who has succeeded to the ownership of the vehicle also. He would further have to satisfy the authority that he has succeeded to the “possession” of the vehicle. The possession contemplated is legal possession and therefore, a person can be said to have succeeded to the possession of the vehicle only if he shows that he has done so through one of the modes recognized by law. Such succession can be by survivorship, testamentary disposition, transfer or by the operation of law. Therefore, it is implicit in the rule itself that the person seeking such transfer would have to satisfy the authority that he had legally succeeded to the possession of the vehicle by producing necessary documents to support his claim. Or in other words, in order to satisfy the registering authority that he is a person entitled to transfer of the vehicle, he would have to satisfy the conditions stipulated by sub-r.(1) initially and thereafter, he would also have to produce the documents stipulated_ **WP(C).No. 41850 of 2018** **8** _in sub-r.(2). The contention of the petitioner that the registering authority cannot insist on the production of the Legal Heirship Certificate as a condition for transfer of ownership of the vehicle cannot therefore be accepted._ _7. Since the Rule does not stipulate the production of any particular document to prove the claim of the applicant, it is sufficient that he produces an acceptable document to prove his entitlement for such transfer. The document may be the Legal Heirship Certificate, a Relationship Certificate issued by the Village Officer or a Succession Certificate, a will or a partnership deed or some other document that would show that he had succeeded to the possession of the vehicle. If there are more legal heirs to the deceased than one, or more persons who are equally entitled to such transfer, the consent of the others would also be necessary. Since the proceedings for transferring the ownership of a vehicle involves the transfer of a movable property of substantial value, the power has to be exercised by the authority with proper application of mind, after satisfying itself of the authenticity of the documents produced. The said decision is a quasi judicial one. Therefore, the contention of the petitioner that the registering authority cannot insist on the production of any other document that is not stipulated under sub-r.(2) of R.56 cannot be accepted. I am supported in this view by an_ **WP(C).No. 41850 of 2018** **9** _unreported decision of this Court dated 26.11.1993 in O.P.No.10465 of 1993. In the said case also, the question involved was whether the insistence on production of a Legal Heirship Certificate as a condition for transfer of a vehicle to the name of a daughter, was sustainable. After having considered the scope of the Rule as well as the other decisions on the point, P.K.Balasubramanyan J. (as he then was) has concluded the issue in the following words:_ _“In the light of these decisions it appears to me that the insistence on the production of legal heir certificate by the first respondent for considering the application for clearance certificate is not justified. It appears that the petitioner has not produced the original of Ext.P3 before the first respondent while seeking the issuance of the clearance certificate. Under those circumstances it appears to me that the proper course to follow is to direct the first respondent to issue the clearance certificate and to effect the transfer of ownership in favour of the petitioner on the petitioner producing before the first respondent a certificate from the Village Officer or the original of Ext.P3 marked here showing that she is the only heir of her deceased father or a certificate to the same effect from the concerned Tahsildar to substantiate the fact that she is the only heir of her father”._ _I am in respectful agreement with the above dictum. Therefore, it has to be held that, insistence on the production of one particular document alone, the Legal Heirship Certificate in the present case is also without_ **WP(C).No. 41850 of 2018** **10** _justification. However, the requirement of producing some certificate or other document to prove the entitlement of the applicant for transfer of the vehicle to his or her name is absolutely necessary._ _8. Therefore, the insistence of the respondent on the production of a document showing the entitlement of the petitioner for transfer of the vehicle to her name cannot be found fault with. Any such transfer can be effected only on the applicant producing a proper document showing her entitlement for such transfer of permit or transfer of ownership.”_ 7. Now as evident from Exts.P10 & P11, the petitioner has moved applications before the 2[nd] respondent for transfer of Exts.P2 and P3 permits in respect of stage carriages bearing registration Nos.KL-37/2829 and KL-7/AV-8181. 8. The learned Senior Government Pleader would submit that if Exts.P10 and P11 applications made by the petitioner are in order and the petitioner has already remitted the requisite fee, the 2[nd] respondent shall place those applications before the 1[st] respondent for consideration and thereafter, the 1[st] respondent **WP(C).No. 41850 of 2018** ## **11** shall consider the same and pass appropriate orders thereon, with notice to the petitioner and other legal heirs of deceased Babu, taking note of the law laid down by this Court in _**Bhagyalakshmy's case supra**_ , within a time limit to be fixed by this Court. Having considered the submissions made by the learned counsel on both sides, this writ petition is disposed of with the following directions: i) If Exts.P10 & P11 applications submitted by the petitioner are in order, and the petitioner has remitted the requisite fee, the 2[nd] respondent shall place those applications before the 1[st] respondent Regional Transport Authority and thereafter, the said Authority shall consider the same and pass appropriate orders thereon, strictly in accordance with law, taking note of the **WP(C).No. 41850 of 2018** **==> picture [15 x 8] intentionally omitted <==** law laid down by this Court in _**Bhagyalakshmy's case supra**_ , with notice to the petitioner and other legal heirs of the deceased permit holder. ii) A decision in this regard shall be taken, as expeditiously as possible, at any rate within a period of one month from the date of receipt of a certified copy of this judgment. ## **Sd/-** ## **ANIL K.NARENDRAN,JUDGE** AV/23/1 **WP(C).No. 41850 of 2018** **13** ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE DEATH CERTIFICATE DATED 9.10.2018.** **EXHIBIT P2 TRUE COPY OF THE REGULAR PERMIT HELD BY THE DECEASED PERMIT HOLDER BABU ON THE ROUTE KODUNGALLUR-ERNAKULAM SOUTH BY STAGE CARRIAGE KL-37/2829 DATED 11.8.2016.** - **EXHIBIT P3 TRUE COPY OF THE REGULAR PERMIT HELD BY THE DECEASED PERMIT HOLDER BABU ON THE ROUTE ERNAKULAM HIGH COURT JUNCTION-NORTH PARUR BY STAGE CARRIAGE KL-7/AV 8181 DATED 22.3.2018.** - **EXHIBIT P4 TRUE COPY OF THE INTIMATION SUBMITTED BY THE PETITIONER DATED 01.11.2018** - **EXHIBIT P5 TRUE COPY OF THE RELATIONSHIP CERTIFICATE ISSUED BY THE VILLAGE OFIFCER, VADAKKEKARA DATED 29.10.2018.** - **EXHIBIT P6 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR TRANSFER OF THE PERMIT IN RESPECT OF STAGE CARRIAGE KL-37/2829 DATED 29.11.2018.** - **EXHIBIT P7 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR TRANSFER OF THE PERMIT IN RESPECT OF STAGE CARIAGE KL-7/AV.8181 DATED 29.11.2018.** - **EXHIBIT P8 TRUE COPY OF THE AFFIDAVIT FILED BY THE PETITIONER AND THE OTHER LEGAL HEIRS DATED 26.11.2018.** **WP(C).No. 41850 of 2018** **14** **EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN WPC NO.12099/2015 DATED 10.4.2015.** **EXHIBIT P10 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER (WITHOUT ENCLOSURE) DATED 17-1-2019 IN RESPECT OF VEHICLE KL-37/2829** **EXHIBIT P11 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER (WITHOUT ENCLOSURE) DATED 17-1-2019 IN RESPECT OF VEHICLE KL-AV.8181**