IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 24TH AUGUST 2011 / 2ND BHADRA 1933 WP(C).No. 23078 of 2011(H) ---------------------------------------- PETITIONER(S): ------------------------- M/S.AUTOMOTIVE MARKETING PVT.LTD., AUTHORISED DEALERS OF EICHER VEHICLES, 39/1-405-KANNUR ROAD,PAVANGAD PUTHIYANGADI, KOZHIKODE-21,REPRESENTED BY ITS SENIOR MANAGER T.R. ANILKUMAR. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): ---------------------------- 1. ADDITIONAL REGISTERING AUTHORITY, SUB REGIONAL TRANSPORT OFFICE, KAZHAKOOTTAM,THIRUVANANTHAPURAM-695 001. 2. TRANSPORT COMMISSIONER, TRANS TOWERS,VAZHUTHACAUD, THIRUVANANTHAPURAM-695 001. 3. THE AUTOMOTIVE RESEARCH ASSOCIATION OF INDIA,S.NO.102,VETAL HILL, OFF PAUD ROAD,KOTHRUD,PUNE-411 038. BY GOVERNMENT PLEADER SRI.M.MOHAMMED SHAFI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.23078/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE SALE CERTIFICATE ISSUED BY THE PETITIONER COMPANY IN FAVOUR OF M/S.MARTHOMA HIGHER SECONDARY SCHOOL AT CHUNGHATHARA IN MALAPPURAM DISTRICT ON 06/08/2011. P2 COPY OF THE TEMPORARY REGISTRATION NO.KL-11AA-TEMP-1999 DATED 06/08/2011. P3 COPY OF THE CERTIFICATE ISSUED IN FORM 22 BY THE MANUFACTURER RELATING TO THE VEHICLE MENTAIONED IN EXHIBIT.P1. P4 COPY OF THE ORDER NO.R1/6903/2011/M DATED 12/08/2011 AND SIGNED ON 18/08/2011. P5 COPY OF THE CERTIFICATE ISSUED BY THE AUTOMOTIVE RESEARCH ASSOCIATION OF INDIA VIDE CERTIFICATE DATED 21/07/2010. P6 COPY OF THE PROCEEDINGS DATED 06/04/2011 ISSUED BY THE TRANSPORT COMMISSIONER GRANTING APPROVAL TO EICHER LIGHT PASSENGER VEHICLES. P7 COPY OF THE ONE SUCH PASSED BY THE DEPUTY TRANSPORT COMMISSIONER, SOUTH ZONE, THIRUVANANTHAPURAM DATED 29/07/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 23078 OF 2011 -------------------------- Dated this the 24th day of August, 2011 J U D G M E N T Ext.P4 order dated 12.8.2011 passed by the Additional Registering Authority, Malappuram declining to register a new light motor vehicle sold by the petitioner is under challenge in the instant writ petition. Under section 57 of the Motor Vehicles Act (hereinafter referred to as 'the Act' for short) any person who is aggrieved by an order of the Registering Authority declining to register a motor vehicle can file an appeal to the prescribed Appellate Authority. The period of limitation prescribed for filing an appeal is 30 days from the date on which he receives notice of the order. Ext.P4 order was passed on 12.8.2011. The period of limitation for filing such an appeal has also not expired. The Appellate Authority notified by the Government for the purpose of entertaining appeals under section 57 of the Act is the Deputy Transport Commissioner, North Zone, Kozhikode. Since the owner of the motor vehicle has an effective and alternate remedy by way of appeal, I am of the opinion that the owner of the motor vehicle for which WPC No.23078/2011 2 registration was declined should challenge Ext.P4 by filing an appeal. The writ petition fails and is accordingly dismissed without prejudice to the right of the owner of the motor vehicle, which was declined registration by Ext.P4 order, to challenge the same in other appropriate proceedings. P.N.RAVINDRAN, (JUDGE) vps