Sumathykutty vs The Secretary, Regional Transportauthority

K. Vinod Chandran, J.—The petitioner in the above writ petition is aggrieved by the non-issuance of a temporary permit which she had applied for as per Ext.P2. Admittedly, the petitioner''s son was a permit holder operating on the strength of a regular permit in the route Thiruvalla - Ranny. The permit stood expired on 05.01.2014 and the petitioner is the sole surviving legal heir of the deceased son and hence filed an application for renewal of permit and transfer of permit in her name.

The application was admittedly filed delayed, but the same is said to have been rejected for other reasons, which has been challenged by the petitioner in W.P(C) No.2029/2014. In that case, the rejection was on the ground that the petitioner had not produced the legal heirship certificate and also on the ground that an objection was raised by the wife of the permit holder. There was also a further Objection that the No Objection Certificate from the Financier was not produced. In the said case, the wife of the deceased son of the petitioner, is, now impleaded as the additional respondent and notice has been issued. The same has been posted for appearance of the objector.

In the present case, however, the grievance is that the application for temporary permit is not being considered. Admittedly, there was a regular permit in the said route in which the petitioner''s son had been operating. With respect to the No Objection Certificate from the Financier, it is submitted by the learned counsel for the petitioner that the entire liability has been settled and endorsement has been made in the Registration Certificate. It is also submitted that the certificate evidencing the relationship has been produced before the appropriate authority.

In the above circumstance, it is for the appropriate authority to consider the application for temporary permit, in accordance with the law and following the dictum laid down in P. Bhagyalashmy Vs. The Secretary, Regional Transport Authority, Palakkad, . The petitioner, hence, if producing the documents as prescribed in the aforesaid decision, showing relationship with the permit holder and convincing the appropriate authority that there is no subsisting liability to the financier, necessarily the temporary permit shall be issued, that too within a period of two weeks from the date of receipt of copy of this judgment.

Writ petition disposed of.