P.K. Sheena v. Secretary, Regional Transport Authority, Thrissur

**IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **FRIDAY, THE 02ND DAY OF AUGUST 2019 / 11TH SRAVANA, 1941** **WP(C).No.19793 of 2019** ## **PETITIONER/S:** **P.K.SHEENA, AGED 48 YEARS W/O. LATE UMMER K.H., KURIKKAPEEDIKA HOUSE, S.N.ROAD, CHAZHOOR, THIRSSUR** **BY ADV. SRI.I.DINESH MENON** ## **RESPONDENT/S:** **THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, THRISSUR-68003** ## **OTHER PRESENT:** **SRI MANU RAJ K.J- GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.08.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** -2- W.P.(C). No. 19793 of 2019 ## **JUDGMENT** The petitioner is the widow of one K.H.Ummer. He expired on 13.06.2019, as evidenced by Ext.P1 death certificate. He was the registered owner of 3 stage carriages bearing Registration Nos.KL-08/Z-6000, KL-07/M-7398 and KL-08/Y-1881. The certificate of registration of the said vehicles and the regular permits are placed on record as Exts.P2 to P4. The documents marked as Exts.P5 and P6 are the regular permits in respect of stage carriages bearing Reg.Nos. KL-08/Z-6000, KL-07/M-7398 respectively. The application made by the petitioner for transfer of ownership of the aforesaid stage carriages were returned insisting production of legal heirship certificate, as a pre-condition for acceptance of those applications. In such circumstances, the petitioner submitted Ext.P7 request dated 12.07.2019. The grievance of the petitioner is that despite submission of Ext.P12 relationship certificate and Ext.P13 declaration by other legal heirs, Exts.P8 to P10 applications are not entertained by the respondent. 2. The petitioner is before this Court in this writ -3- W.P.(C). No. 19793 of 2019 petition filed under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondent Secretary, Regional Transport Authority, Thrissur to accept Exts.P8, P9 and P10 applications for death transfer in respect of Stage Carriages KL-08/Z-6000 covered by permit on the route Ponnukkara Post Office-Thrissur-Ayyanthole, KL-07/M7398 covered by permit on the route Thrissur-KanjaniIdiyanchira-Mullassery and also stage carriage KL-08/Y-1881, without insisting for legal heriship certificate and by accepting the relationship certificate issued by the Village Officer and endorse the transfer from the name of late husband of the petitioner Sri.K.H.Ummer to the petitioner's name. The petitioner has also sought for a writ of mandamus commanding the respondent to accept the fee for Exts.P8, P9 and P10 applications for death transfer in respect of Stage Carriage vehicles KL-08/Z-6000, KL-07/M-7398 and KL-08/Y1881, without insisting for legal heirship certificate and by accepting the relationship certificate issued by the Village Officer. 3. In **Bhagyalashmy P. v. Secretary, Regional** -4- W.P.(C). No. 19793 of 2019 **Transport Authority, Palakkad [2010 (2) KLT 431]** , this Court held that since Rule 56 of the Central Motor Vehicle Rules does not 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._ -5- W.P.(C). No. 19793 of 2019 _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_ -6- W.P.(C). No. 19793 of 2019 _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 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 coowner 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_ -7- W.P.(C). No. 19793 of 2019 _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 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_ -8- W.P.(C). No. 19793 of 2019 _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 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_ -9- W.P.(C). No. 19793 of 2019 _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 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.”_ In such circumstances, this writ petition is disposed of by -10- W.P.(C). No. 19793 of 2019 directing the respondent to accept Exts.P8 to P10 applications made by the petitioner, if those applications are in order and the petitioner is prepared to remit the requisite fee. Thereafter, the respondent shall pass appropriate orders on Exts.P8 to P10 applications, strictly in accordance with law, taking note of the law laid down by this Court in the decision referred to supra, with notice to the petitioner, and also to other legal heirs of the deceased registered owner/permit holder. Necessary orders in this regard shall be passed, as expeditiously as possible and at any rate, within a period of six weeks from the date of receipt of a certified copy of this judgment. **Sd/-** **ANIL K.NARENDRAN JUDGE** das -11- W.P.(C). No. 19793 of 2019 ## **APPENDIX** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE DEATH CERTIFICATE DATED 25.6.2019 EXHIBIT P2 TRUE COPY OF THE RC PARTICULARS OF SC KL-08 Z 6000 EXHIBIT P3 TRUE COPY OF THE RC PARTICULARS OF KL07 M 7398 EXHIBIT P4 TRUE COPY OF THE RC PARTICULARS OF KL08 Y 1881 EXHIBIT P5 TRUE COPY OF THE PERMIT OF KL-08 Z 6000 EXHIBIT P6 TRUE COPY OF THE PERMIT OF KL-07 7398 EXHIBIT P7 TRUE COPY OF THE LETTER DATED 12.7.2019 EXHIBIT P8 TRUE COPY OF THE TRANSFER APPLICATION DATED 11.7.2019 OF KL-08 Z 6000 EXHIBIT P9 TRUE COPY OF THE TRANSFER APPLICATION DATED 11.7.2019 OF KL-07 M 7398 EXHIBIT P10 TRUE COPY OF THE TRANSFER APPLICATION DATED 11.7.2019 OF KL-08 Y 1881 EXHIBIT P11 TRUE COPY OF THE DECISION IN 2010 (2) KLT 431 EXHIBIT P12 TRUE COPY OF THE RELATIONSHIP CERTIFICATE DATED 11.7.2019 EXHIBIT P13 TRUE COPY OF THE DECLARATION OF LEGAL HEIRS DATED 06.7.2019**