IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 6TH JULY 2011 / 15TH ASHADHA 1933 WP(C).No. 15162 of 2011(U) ------------------------------------- PETITIONER(S): ----------------------- KURIEN MATHEW, AGED 51 YEARS, S/O.T.K.KURIEN, GRACE COTTAGE, MARAMON P.O., KOZHENCHERRY, PATHANAMTHITTA, PIN-689 549. BY ADV. SRI.C.S.MANU RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERERNMENT OF KERALA, TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. TRANSPORT COMMISSIONER, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. ADDITIONAL REGISTERING AUTHORITY, SUB REGIONAL TRANSPORT OFFICE, THRIPUNITHURA, ERNAKULAM DISTRICT. 4. ADDITIONAL REGISTERING AUTHORITY, SUB REGIONAL TRANSPORT OFFICE, THIRUVALLA, (JOINT REGIONAL TRANSPORT OFFICER, THIRUVALLA). RQ TO R4 BY GOVT. PLEADER SRI.P.M.MANOJ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO. 15162/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE TEMPORARY REGISTRATION CERTIFICATE BEARING NO.KL-39-D- TEMP-528 DTD. 11.5.2011 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. P1(a):- COPY OF THE TAX LICENCE DTD. 12.5.2011 ISSUED BY THE SUB REGIONAL TRANSPORT OFFICE, THIRUVALLA TO THE PETITIONER. P2:- COPY OF THE APPLICATION DTD. 3.6.2011 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT BEARING THE ORDER DTD. 3.6.2011 PASSED BY THE 4TH RESPONDENT. P3:- COPY OF THE CIRCULAR BEARING NO.4/2011 DTD. 18.2.2011 ISSUED BY THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss P.N. RAVINDRAN, J. ------------------------------------------------- W.P.(C)No. 15162 OF 2011 ------------------------------------------------- DATED THIS THE 6th DAY OF JULY, 2011 J U D G M E N T The petitioner purchased a brand new motor car from a car dealer at Kochi on 11-05-2011. Since the petitioner is permanently residing at Thiruvalla in Pathanamthitta district within the local limits of Sub Regional Transport Office, Thiruvalla, he got the vehicle temporarily registered with the Additional Registering Authority, Tripunithura. Exhibit P1 temporary certificate of registration was thereupon issued and it was valid, going by the entries therein, for a period of 14 days from 11-05-2011 to 24-05-2011. 2. The petitioner remitted the motor vehicle's tax payable in respect of his motor car in the Sub Regional Transport Office, Thiruvalla on 03-06-2011 as can be seen from Ext.P1 (a) tax receipt. On the same day he submitted Ext.P2 application dated 03-06-2011, before the Joint Regional Transport Officer, Thiruvalla, the fourth respondent in the writ petition, wherein, after stating that he is desirous of reserving a fancy registration mark for his car, he requested the officer to take steps in that regard. On that application the Regional W.P.(C)No.15162/2011 -2- Transport Officer, Thiruvalla made the following endorsement on 03-06-2011. “Temp. Registration of the vehicle was found expired on 24-05-2011. Hence the application cannot be entertained as per G.O (P) No.3/2011/Tran dtd 25-01-2011 Para 5 (ii)”. 3. The instant writ petition was there upon filed on 03-06-2011 seeking the following reliefs: (i) Issue a writ of Mandamus or any other appropriate writ order or direction directing the 4th respondent or the 3rd respondent to extent the period of validity of Ext.P2 temporary registration certificate of the petitioner's car up to thirty days from 11-05- 2011. (ii) Issue a writ of Mandamus or any other appropriate writ order or direction directing the 4th respondent or the 3rd respondent to receive application for fancy registration number for the petitioner's car covered by Ext.P2 temporary registration along with the required fee and to consider the same in accordance with law forthwith. (ii) Issue a writ of Certiorari calling for the records leading to the order dated 03-06- 2011 passed by the 4th respondent and endorsed on Ext.P2 application quash the said order. (iii) Declare that to the order dated 03- 06-2011 passed by the 4th respondent and endorsed on Ext.P2 application is illegal. (iv) Declare that Ext.P3 circular is illegal and ultra vires the MV Act, 1988 to the extent of limiting the period of validity of temporary registration of vehicles upto fourteen days and strike down the same to that extent. W.P.(C)No.15162/2011 -3- 4. The writ petition came up for admission on 03-06- 2011. On that day it was adjourned to 06-06-2011 and thereafter to 07-06-2011. On 07-06-2011, the petitioner filed I.A. No.8636 of 2011 to amend the writ petition by incorporating additional facts and an additional ground. The said application was allowed. The petitioner has in the amended writ petition stated that though he had tendered an application for reservation of the fancy registration mark KL-27B-5000, the fourth respondent did not receive it when it was tendered. 5. The writ petition was admitted and notice ordered to respondents on 07-06-2011. On that day this Court passed an interim order staying the allotment of the fancy registration mark claimed by the petitioner to any other motor vehicle if it has not already been alloted to any other motor vehicle. This Court also directed the competent authority among the respondents to receive from the petitioner, the application for reservation of the fancy registration mark claimed by him, if such an application and the fee is tendered along with a copy of the order. The case set out by the petitioner is that by virtue of sub section (2) of section 43 of the Motor Vehicles Act, 1988 the validity of a temporary certificate of registration can extend upto W.P.(C)No.15162/2011 -4- a period of one month and therefore the rejection of his request for reservation of a fancy registration mark on 03-06-2011 on the ground that Ext.P1 temporary certificate of registration was valid only for a period of 14 days from 11-05-2011 to 24-05-2011 is illegal. It is contended that in view of the stipulation in sub section (2) of section 43 of the Act, the fourth respondent should have extended the validity of Ext.P1 certificate till 10-06-2011 and received the application tendered by the petitioner for reservation of the fancy registration mark. 6. Pursuant to the interim order passed by this Court on 07-06-2011, the petitioner submitted Ext.P4 application for reservation of the fancy registration mark KL-27B-5000 for his motor car and paid along with it, besides the stipulated fee of Rs.50,000/-, an additional amount of Rs.500/- by way of demand draft. The application was submitted and the fee paid on 08-06- 2011 within a period of 30 days from the date on which the petitioner's motor car was temporarily registered. Though the respondents have been served, they have not filed a counter affidavit disputing the above facts. 7. I heard Sri. C.S. Manu, learned counsel appearing for the petitioner and Sri. P.M. Manoj, learned Government Pleader W.P.(C)No.15162/2011 -5- appearing for the respondents. I have also gone through the pleadings and the materials on record. It is evident from the endorsement on Ext.P2 that the petitioner had within 30 days from the date on which his motor car was temporarily registered (namely 30 days from 11-05-2011) requested the fourth respondent to take steps to reserve a fancy registration mark for his motor car. The said request was rejected on the short ground that the validity of the temporary certificate of registration of his car expired on 24-05-2011. Though, sub section (2) of section 43 of the Act stipulates that a temporary certificate of registration can have a validity of one month, the Transport Commissioner of Kerala has in Ext.P3 circular stipulated that with effect from 01-03-2011 the period of validity of a temporary certificate of registration shall be 14 days. Formerly it was fixed as 7 days as per circular dated 26-06-1998. Though, rule 94 of the Kerala Motor Vehicle Rules and the form of the certificate of temporary registration prescribed as per the rules do not stipulate any time limit other than the one stipulated in sub section (2) of section 43 of the Act as the period of validity of a temporary certificate of registration, the Transport Commissioner has stipulated its period of validity by means of a W.P.(C)No.15162/2011 -6- circular. In my opinion in view of the provisions of the Act, the fourth respondent ought to have renewed the validity of the temporary certificate of registration for another week or two in order to enable the petitioner to apply for the reservation of a fancy registration mark for his motor car. Sub rule 5 (2) of rule 95 of the Kerala Motor Vehicles Rules stipulates that an application for the reservation of a fancy registration mark shall be accompanied by a valid certificate of temporary registration. When sub section (2) of section 43 of the Act stipulates that a temporary certificate of registration can be valid upto a maximum of one month, I find no reason why the said period cannot be treated as the period of validity of a temporary certificate of registration for the purpose of rule 95 of Kerala Motor Vehicle Rules. In the instant case, the petitioner has within the said period of 30 days submitted Ext.P4 application in the prescribed format for reservation of the fancy registration mark KL-27B-5000 for his motor car and has also paid the prescribed fee. I am therefore of the opinion that the petitioner was entitled to have Ext.P4 application for reservation of the fancy registration mark considered and disposed of on the merits by treating it as one filed within time. W.P.(C)No.15162/2011 -7- 8. During the course of arguments today, the learned counsel for the petitioner handed over to me copy of an order dated 13-06-2011 issued by the fourth respondent. The said order is incorporated in the records. It reads as follows:- Proceedings of the Additional Registering Authority, Thiruvalla Present : Abey John Subject :M. Vs Dept - Allotment of Reserved Registration Number - sanctioned order - issue reg. Ref: Application dated 08-06-2011 from Sri/Smt. Kurian Mathew. Order No.17211/2011 dated 13-06-2011 Application for reservation of the Registration Number KL-27-B-5000 is received from the above applicant. No other application has been received for the reservation of this number on the same date, hence the number is alloted to Sri/Smt. KURIAN MATHEW. He/She is requested to produce the vehicle for registration within 3 weeks along with this order, failing which this allotment is liable to be cancelled and the reservation fee will be forfeited. Sd/- Abey John Asst. R. THIRUVALLA Place : THIRUVALLA Date : 13-06-2011 To Sri/Smt. KURIAN MATHEW, GRACE COTTAGE, MARAMON P.O., THIRUVALLA. 9. It is stated therein that no application other than the application submitted by the petitioner for reservation of the fancy registration mark KL-27B-5000 has been received on the same date viz. 08-06-2011 and therefore, the said registration mark is alloted to the petitioner. The registering authority had W.P.(C)No.15162/2011 -8- also directed the petitioner to produce the vehicle for registration within 3 weeks failing which he was cautioned that the allotment will be cancelled and the reservation fee forfeited. The said period of 3 weeks has by now expired. However, by virtue of the interim order passed by this Court, the said registration mark was not alloted to any other vehicle. The question whether the petitioner's application was maintainable was also pending in this Court and therefore without obtaining orders from this Court, the fourth respondent could not have alloted the registration mark to any other vehicle or even to the petitioner's vehicle. In the view that I have taken, I am of the opinion that the petitioner is entitled to succeed. I accordingly dispose of the writ petition with a direction to the fourth respondent to allot the fancy registration mark KL- 27B-5000 to the petitioner's motor car described in Ext.P1 temporary certificate of registration on the petitioner producing the vehicle for registration along with a copy of this judgment and paying the compounding fee for belated registration of his motor car, if during the week ending with 08-06-2011 no other valid application for reservation of the said fancy registration mark has been received by the fourth respondent. If any other W.P.(C)No.15162/2011 -9- valid application for reservation of the very same fancy registration mark has been received during the week ending with 08-06-2011, the fancy registration mark shall be alloted by auction as per the rules. Sd/- P.N. RAVINDRAN JUDGE. AMG True copy P.A to Judge