IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 14TH OCTOBER 2011 / 22ND ASWINA 1933 WP(C).No. 25123 of 2011(M) ---------------------------------------- PETITIONER(S): ------------------------ SHAMSHEER VAYALIL PARAMBATH, NELLIKKOT, CHALAPPURAM P.O., KOZHIKODE. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): ---------------------------- 1. THE GOVERNMENT OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE REGISTERING AUTHORITY, KOZHIKODE, (THE REGIONAL TRANSPORT OFFICER, KOZHIKODE) - 673 001. R1 & R2 BY GOVERNMENT PLEADER SMT. ANITHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.25123/2011 M APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE VEHICLE DATA SHEET DATED 1-8-2011 ISSUED TO THE PETITIONER. EXT.P2: TRUE COPY OF THE SALE CERTIFICATE RELATING THE VEHICLE ISSUED ON 1-8-2011. EXT.P3: TRUE COPY OF THE TAX INVOICE DATED 1-8-2011 RELATING TO THE PETITIONER'S VEHICLE. EXT.P4: TRUE COPY OF THE TEMPORARY REGISTRATION CERTIFICATE RELATING TO THE PETITIONER'S VEHICLE. EXT.P5: TRUE COPY OF THE APPLICATION DATED 29-8-2011SUBMITTED BY THE PETITIONER. EXT.P6: TRUE COPY OF THE TAX LICENCE DATED 29-8-2011 EVIDENCING PAYMENT OF TAX OF THE VEHICLE. EXT.P7: TRUE COPY OF THE CHALAN RECEIPTS DATED 29-8-2011 EVIDENCING PAYMENT OF AMOUNT TO THE 1ST RESPONDENT FOR REGISTRATION OF VEHICLE. EXT.P8: TRUE COPY OF THE NOTIFICATION ISSUED AS PER G.O.(P)NO.3/2011/TRAN DATED 25/1/2011 PUBLISHED VIDE SRO 77/2011 BY THE GOVERNMENT. RESPONDENTS' EXHIBITS: N I L /TRUE CPY/ P.S.TO JUDGE Kss P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.25123 of 2011 ----------------------------------------- Dated this the 14th day of October, 2011 JUDGMENT The petitioner purchased a brand new motor car from the dealer at Vyttila on 1.8.2011. The petitioner is a permanent resident of Chalappuram in Kozhikode district. He therefore got the vehicle temporarily registered with the Additional Registering Authority, Ernakulam on 1.8.2011 itself. Ext.P4 temporary certificate of registration was thereupon issued and it was valid for the period from 1.8.2011 to 16.8.2011. The petitioner thereafter submitted Ext.P5 application dated 29.8.2011 under rule 95 of the Kerala Motor Vehicles Rules, 1989 for reservation of the fancy registration mark KL-11/AK 7. Along with that application he also tendered the sum of Rs.8,99,900/- payable by way of motor vehicles tax and other charges. The grievance voiced by the petitioner is that though the motor vehicles tax and other charges were received, the application for reservation of the fancy registration mark was returned stating that the validity of the temporary certificate of registration has expired. In this writ W.P(C).No.25123 of 2011 -:2:- petition the petitioner seeks an order directing the respondents to accept the application for reservation of the fancy registration mark KL-11/AK 7 and to process the application in accordance with law and to allot the number to the petitioner. 2. The respondents have been served and they have entered appearance through the learned Government Pleader. The learned Government Pleader on instructions submitted that though the petitioner had tendered an application for reservation of the fancy registration number KL-11/AK 7 along with the prescribed fee of Rs.25,000/- on 29.8.2011 the application and the fee were not received on the ground that the validity of the certificate of temporary registration had expired. The learned Government Pleader also submitted that such a stand was taken in view of circular No.4/2011 dated 18.2.2011 issued by the Transport Commissioner. 3. I have considered the submissions made at the Bar by the learned counsel appearing on either side. It is evident from the pleadings and the submissions made at the Bar that though the petitioner tendered an application for reservation of the fancy registration mark KL-11/AK 7 on 28.8.2011 within a period of 30 days from the date of temporary registration of his motor car, the W.P(C).No.25123 of 2011 -:3:- second respondent declined to accept that application and act on it. Such a stand was taken in view of circular No.4/2011 dated 18.2.2011 issued by the Transport Commissioner wherein he had directed the validity of a certificate of temporary registration shall be 14 days. I have by judgment delivered on 6.7.2011 in W.P.(C) No.15162 of 2011 held after an analysis of the statutory provisions that in view of the provisions of the Motor Vehicles Act, a temporary certificate of registration can be valid for a period of one month and that the application for reservation of a fancy registration mark submitted within the said period of 30 days is liable to be entertained. The said judgment has become final and has not been challenged so far. In such circumstances I dispose of the writ petition with a direction to the second respondent to allot the fancy registration mark KL-11/AK 7 to the petitioner's motor car in the event of the petitioner submitting an application for reservation of the said fancy registration mark along with the prescribed fee of Rs.25,000/- within one week from the date of receipt of a certified copy of this judgment. If as on the date the petitioner tenders the application, any other application for reservation of the very same fancy registration mark has been received, the second respondent W.P(C).No.25123 of 2011 -:4:- shall dispose of all the applications in accordance with the procedure prescribed in rule 95 of the Kerala Motor Vehicles Rules, 1989, as amended with effect from 1.3.2011. If no one else has applied for reservation of the fancy registration mark KL- 11/AK 7, the said fancy registration mark shall be allotted to the petitioner's motor car. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.25123 of 2011 ---------------------------- JUDGMENT 14th October, 2011