IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 WP(C).No. 32468 of 2009(C) -------------------------- PETITIONER(S): --------------- RAJASREE MOTORS PRIVATE LIMITED, 2/393 (C), NH 47, MARADY PO, COCHIN-4, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADV. SMT. PREETHI RAMAKRISHNAN SRI.T.C.KRISHNA RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, MINISTRY OF TRANSPORT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE JOINT REGIONAL TRANSPORT OFFICER, SUB REGIONAL TRANSPORT OFFICE, TRIPUNITHURA. SR. GOVT. PLEADER SHRI.K.S.MUHAMMED HASHIM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.32468 of 2009 ================== Dated this the 23rd day of November, 2009 J U D G M E N T The petitioner is a dealer in Mercedes Benz motor cars. A customer, by name Sri.Kishore Kumar.G., wanted to purchase a car. The petitioner raised an invoice in his name and obtained temporary registration of the car in the name of Sri.Kishore Kumar.G. However, after inspection of the car, the customer was not satisfied with the paint work of the vehicle. Therefore, on his request, the car was changed and another car was given to him and temporary registration obtained for him in respect of the new car. Thereafter, the petitioner sought cancellation of the earlier temporary registration in respect of the first vehicle. The petitioner complains that the respondents are not taking appropriate steps to cancel the temporary registration granted in respect of the car bearing chassis No.WDD 2040416 L 012909 and Engine No.27195031109191 in the name of Sri.Kishore Kumar.G. who has not purchased the car, so that they can sell the car to another prospective customer. 2. The learned Government Pleader, on instructions, submits that in so far as there is no provision for cancellation of a temporary registration, the respondents are unable to do the same. But the Government Pleader submits that as per Section 43(2) of the Motor 2 Vehicles Act, a temporary registration is valid only for a period of one month and is not renewable. The said period is already over. Therefore, nothing prevents the petitioner from selling the vehicle to another prospective customer and applying for temporary registration in the name of that customer and that the earlier registration would not stand in the way of the petitioner getting temporary registration in respect of the same car in the name of the new customer. This submission of the learned Government Pleader made on behalf of the 2nd respondent is recorded and the writ petition is disposed of. In view of the same, the 2nd respondent shall consider and pass orders on Ext.P4 application filed by the petitioner seeking temporary registration of the car in the name of the new customer, as expeditiously as possible, at any rate, within one week from the date of receipt of a certified copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge