IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 WP(C).No. 30549 of 2011(P) ------------------------------------ PETITIONER(S): ---------------------- MUSTAFA SYED MUHAMED P S/O.SYED MUHAMMED, AGED 51 YEARS, PUTHIYEDATH HOUSE, VALAKULAM P.O., MALAPPURAM DIST BY ADVS. SRI.BABU S. NAIR SMT.SMITHA BABU RESPONDENTS: ---------------------- 1. THE JOINT REGIONAL TRANSPORT OFFICER, REGISTERING AUTHORITY, THIRURANGADI, MALAPPURAM DIST-PIN-676306 2. THE STATE OF KERALA, REP.BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF TRANSPORT GOVERNMENT SECRETARIAT, TRIVANDRUM-PIN-695001 R1 & R2 BY GOVT. PLEADER SRI. G. GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dlk WP(C).No. 30549 of 2011(P) APPENDIX PETITIONER'S EXHIBITS EXT.P1:- COPY OF THE SALE CERTIFICATE ISSUED BY THE DEALER OF TOYOTA MOTORS DATED 29/9/2011. EXT.P2:- COPY OF THE TEMPORARY REGISTRATION CERTIFICATE ISSUED BY THE REGISTERING AUTHORITY,KOZHIKKODE TO THE PETITIONER DATED,29/9/2011 EXT.P3:- COPY OF THE TAX TOKEN ISSUED BY THE REGISTERING AUTHORITY, KOZHIKKODE DATED , 29/9/2011 EXT.P4:- COPY OF THE RECEIPT ISSUED BY THE IST RESPONDENT DTD 11/10/2011 FOR AN AMOUNT OF RS.50,000/- EXT.P5:- COPY OF THE ORDER OF THE FIRST RESPONDENT DATED 17/10/2011 AS NO.-32388/2011 EXT.P6:- COPY OF THE FIRST PAGE OF THE PASSPORT OF THE PETITIONER EXT.P7:- COPY OF THE PAN CARD ISSUED BY THE INCOME TAX DEPARTMENT IN FAVOUR OF THE PETITIONER. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE dlk P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.30549 of 2011 ----------------------------------------- Dated this the 18th day of November, 2011 JUDGMENT The petitioner purchased a brand new motor car from the dealer at Kozhikode on 29.9.2011. The petitioner is a permanent resident of Malappuram district within the local limits of the territorial jurisdiction of the first respondent registering authority. He therefore got its vehicle temporarily registered with the Regional Transport Authority, Kozhikode within whose jurisdiction the dealer has his place of business. Ext.P2 is a copy of the temporary certificate of registration issued to the petitioner in respect of his motor car and it was valid for a period of 30 days from 29.9.2011 to 28.10.2011. The petitioner thereafter applied for reservation of the fancy registration mark KL-65/5555 after remitting the fee of Rs.50,000/-. Since there was no other applicant, the said registration mark was allotted to the petitioner's motor car and by Ext.P5 order dated 17.10.2011 he was directed to produce the vehicle for registration within three weeks along with that order. He was also cautioned that if he fails W.P(C).No.30549 of 2011 -:2:- to produce the vehicle for registration within three months, the allotment shall stand cancelled and the reservation fee forfeited. It is stated that though on receipt of Ext.P5 order, the petitioner produced the vehicle for registration on 10.11.2011 it was not registered stating that the petitioner's house name is not reflected either in his passport or in the PAN card which were produced to prove his address. Hence this writ petition seeking the following reliefs:- i) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the first respondent to register the vehicle - Toyota Land Cruiser Prado Car, in the registration No.KL-65/5555, allotted to him, forthwith, without any further delay. ii) Declare that the denial of registration of the vehicle of the petitioner, in the fancy registration number already allotted to him, by the first respondent, is without any reasonable justification and the same is arbitrary. 2. The respondents have been served and they have entered appearance through the learned Government Pleader. Sri.G.Gopakumar, the learned Government Pleader appearing for the respondents submitted on instructions that the time limit stipulated in Ext.P5 order for production of the vehicle expired on W.P(C).No.30549 of 2011 -:3:- 6.11.2011, that the petitioner did not produce the vehicle for registration within the stipulated time and therefore, the allotment lapsed. The learned Government Pleader also contended that as the temporary registration of the vehicle had expired on 28.20.2011, the petitioner cannot apply afresh for reservation of the very same registration mark or any other registration mark. 3. I have considered the submissions made at the Bar by Sri.Babu S.Nair, learned counsel appearing for the petitioner and Sri.G.Gopakumar, learned Government Pleader appearing for the respondents. Rule 95 of the Kerala Motor Vehicles Rules, which deals with reservation of fancy registration numbers, reads as follows:- “95. Reservation of fancy registration mark:- (1) Reservation of fancy registration mark shall be made for the registration of a new motor vehicle under section 39 of the Act, on an application made to the registering authority by the owner of a motor vehicle. (2) The Government may notify any further registration marks as reserved under sub-rule (1) as notified in the annexure appended to the rules save those in KL-15 series. (3) Any registration mark other than W.P(C).No.30549 of 2011 -:4:- those notified under sub-rule (2) may also be reserved under sub-rule (1), if applied for by any person. (4) Reservation of a registration mark may be made from among the unallotted numbers in a unit as may be assigned to each Regional Transport Office or Sub Regional Transport Office for a period of one week each, by the Transport Commissioner having regard to the quantum of registration in each such office and also for unallotted numbers pending from previous weeks. (5) An application under sub rule (1) shall be made in Form-RFRMA appended to these rules and it shall be accompanied by the following:- (i) TR 5 receipt/Computer generated cash receipt for the fee paid as specified in the annexure to these rules. (ii) Valid Temporary Registration Certificate and a true copy thereof. (iii) Proof of remittance of tax (in the case of ;non-transport vehicles only). (iv) Proof of the address of the applicant as laid down in rule 4 of the Central Motor Vehicles Rules. (v) A sealed cover W.P(C).No.30549 of 2011 -:5:- superscribing thereon the words “TENDER FOR RESERVATION OF FANCY REGISTRATION MARK KL...” containing an offer letter quoting the amount, if any, in addition to the reservation fee and a demand draft for an amount not less than half the amount so quoted which shall be drawn in favour of the Regional Transport Officer or Joint Regional Transport Officer, as the case may be. Provided that an application for advance reservation of fancy registration marks may also be made 'online' in such manner as may be specified by the Transport Commissioner in that behalf: Provided further that a person may apply for reservation of more than one fancy Registration mark simultaneously by remitting the required fee under clause (i) and submitting the receipt thereof along with additional tenders as provided in clause (v) of sub-rule (5). (6) All the eligible applications in respect of each registration mark received on or before the last working day of the week shall first be put to auction, except when there is only one application, on the first W.P(C).No.30549 of 2011 -:6:- working day of the succeeding week in the presence of the applicants or their nominees if any, in the manner specified by the Transport Commissioner. Applications with insufficient Demand Draft should be summarily rejected. (7) All the sealed tenders of eligible applications in respect of each registration mark shall be opened immediately after the auction is over. The Registration marks shall be allotted to the highest bidder taking together the offers in the auction and tender and he shall pay the total amount less the amount already paid by the demand draft, immediately after confirmation of the bid. (8) Where there is only one applicant for a registration mark, it shall be allotted to that applicant on payment of the amount if any quoted by him in full. (9) If the highest bidder under sub- rule (7) or the applicant referred to in sub-rule (8) fails or refuses to pay the amount offered by him, the registration mark shall not be allotted to him and the fee and the additional amount shall be forfeited and the registration mark shall be allotted to the next highest bidder, if any, who pays the amount in full. (10) Where there is no applicant for a notified registration mark or a notified registration mark remains unallotted, even W.P(C).No.30549 of 2011 -:7:- after all the registration marks in the series are exhausted, such registration marks may be assigned to none other than the vehicles owned by the Government or Local bodies based on the order of receipt of the application thereof. (11) The TR 5 receipt and the demand draft, if any, produced by the unsuccessful applicants may be returned on completion of the auction proceedings. (12) The registration mark once allotted to a motor vehicle shall not be transferable to any other vehicle.” Though initially the Transport Commissioner of Kerala had stipulated that the period of validity of a temporary certificate of registration shall be 14 days, pursuant to the decision of this Court in W.P.(C)No.21045 of 2011, the Transport Commissioner issued Circular No.18/2011 dated 7.9.2011 wherein he directed that any application for reservation of a fancy registration mark received within within 30 days of the temporary registration should be entertained and if that day happens to be a holiday the vehicle can be produced for registration on the next working day. In the instant case, the petitioner applied for reservation of the fancy registration mark within the period of thirty days, namely on 11.10.2011. Since there were no other applicants seeking W.P(C).No.30549 of 2011 -:8:- reservation of the very same registration mark it was allotted to him by Ext.P5 order dated 17.10.2011. Rule 95 does not stipulate that if within three weeks from the date of allotment of the fancy registration mark, the vehicle is not produced, the allotment will lapse and the reservation fee will be forfeited. In the absence of any stipulation regarding the time limit within which the vehicle should be produced for actual registration after allotment of the fancy registration mark, I am of the opinion that nothing turns on the short delay of four days on the part of the petitioner in producing the vehicle for registration pursuant to Ext.P5 order. Unlike rule 95 as it originally stood, the present rule in force stipulates that only an owner of a motor vehicle can apply for reservation of a fancy registration mark. The respondents have no case that the petitioner was not the owner of a motor vehicle when he applied for reservation of the fancy registration mark. I am therefore, of the opinion that the stand taken by the respondents cannot be sustained. I accordingly dispose of the writ petition with a direction to the first respondent to register the petitioner's motor car described in Ext.P1 sale letter and Ext.P2 temporary registration certificate by allotting the registration mark reserved as per W.P(C).No.30549 of 2011 -:9:- Ext.P5 order on the day the petitioner produces it for registration along with a certified copy of this judgment. Needless to say the petitioner shall pay the compounding fee, if any, stipulated for belated registration of his motor car. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.30549 of 2011 ---------------------------- JUDGMENT 18th November, 2011