IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 22ND SEPTEMBER 2011 / 31ST BHADRA 1933 WP(C).No. 24955 of 2011(T) ---------------------------------------- PETITIONER(S): ------------------------ MUHAMMEDKUTTY ALUKKAL, S/O. ABDU RAHIMAN HAJI, AGED 44 YEARS, ALUKKAL HOUSE, MADUKKAPARAMBA, CHEROOR, VENGARA, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): --------------------------- 1. THE JOINT REGIONAL TRANSPORT OFFICER, THIROORANGADI, MALAPPURAM DISTRICT, PIN-676 306. 2. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF TRANSPORT, GOVERNMENT SECRETARIAT, TRIVANDRUM, PIN-695 001. R1 & R2 BY GOVERNMENT PLEADER SRI.G.GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.24955/2011 APPENDIX PETITIONER(S) EXHIBITS P1 COPY OF THE SALE CERTIFICATE ISSUED BY THE DEALER, M/S. CLASSIC HYUNDAI, MALAPPURAM DATED, 8/7/2011. P2 COPY OF THE VEHICLE DATA SHEET IN RESPECT OF THE VEHICLE OF THE PETITIONER. P3 COPY OF THE PHYSICAL DISABILITY CERTIFICATE ISSUED IN RESPECT OF THE PETITIONER DATED, 18/8/2011 BY THE MEDICAL BOARD, TALUK HEAD QUARTERS HOSPITAL, THIROORANGADI. P4 COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED NIL. P5 COPY OF THE TEMPORARY REGISTRATION CERTIFICATE OF THE VEHICLE OF THE PETITIONER ISSUED BY THE REGISTERING AUTHORITY, MALAPPURAM DATED, 8/7/2011. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.S.TO.JUDGE sts P.N. RAVINDRAN, J. ------------------------------- W.P (C) No. 24955 of 2011 ------------------------------- Dated this the 22nd day of September, 2011 J U D G M E N T The petitioner, a person with disability, purchased a brand new motor car from a dealer at Malappuram on 8.7.2011. The vehicle was thereafter temporarily registered and Ext.P5 temporary certificate of registration was issued on 8.7.2011 by the Registering Authority, Malappuram. The petitioner is a resident of Vengara which falls within the local limits of the Joint Regional Transport Officer, Tirurangadi and it was for this reason that the vehicle was temporarily registered with the Registering Authority, Malappuram. The temporary certificate of registration was valid only for a period of 14 days, i.e., from 8.7.2011 to 21.7.2011. As a person with disability, the petitioner is exempted from payment of motor vehicles tax as per the stipulations contained in Kerala Motor Vehicles Taxation Act. With a view to claim such exemption, he applied for a disability certificate to the Superintendent of Taluk Headquarters Hospital, Tirurangadi. The disability assessment board attached to Taluk Headquarters Hospital, Tirurangadi examined the petitioner and issued Ext.P3 disability certificate only on 18.8.2011 to the effect that he is handicapped by Post Polio residual paralysis of left upper limb and that his disability is 50%. The petitioner states W.P.(C) No.24955 of 2011 2 that immediately thereafter he submitted Ext.P4 application before the Joint Regional Transport Officer, Tirurangadi along with the original of Ext.P3 disability certificate to reserve a fancy registration mark for his motor car. The grievance voiced by the petitioner is that though the Joint Regional Transport Officer, Tirurangadi received the original of Ext.P4 and exempted him from payment of motor vehicles tax, he did not entertain the request for fancy registration mark in terms of rule 95 of the Kerala Motor Vehicles Rules, 1989. The petitioner states that he is willing to pay the requisite fee for reservation of fancy registration marks in terms of rule 95 of the Kerala Motor Vehicles Rules and it was only with regard to the fact that the application for registration of a fancy registration mark has to be accompanied by valid temporary registration certificate and proof of remittance of tax, in case of non transport vehicles, that he has to wait till the disability was assessed by the medical board, to claim exemption from such payment and therefore, having regard to the peculiar facts of the case, the first respondent may be directed to entertain the application for fancy registration mark and allot that number in accordance with the provisions contained in rule 95 of the Kerala Motor Vehicles Rules. 2. Rule 95 of the Kerala Motor Vehicles Rules as W.P.(C) No.24955 of 2011 3 substituted with effect from 1.3.2011 provides that an application for reservation of a fancy registration mark or any other registration mark has to be accompanied by a valid temporary certificate of registration and proof of remittance of tax, in case of non transport vehicles. The petitioner's vehicle was registered temporarily on 8.7.2011. Under section 43(2) of the Motor Vehicles Act, such temporary registration is valid only for a maximum period of 30 days. The said period of 30 days expired on 7.8.2011. If as claimed by the petitioner, he was desirous of applying for a fancy registration mark or any other registration mark, he ought to have submitted an application within 30 days from 8.7.2011 and if he was eligible and entitled for exemption from payment of tax, he ought to have submitted an appropriate application in that regard to the registering authority for time to produce a certificate of disability in order to claim such exemption within the said period of 30 days. That having admittedly not been done, I am of the opinion that the petitioner cannot take advantage of his own omission to apply for reservation of fancy registration mark within the period of 30 days from the date of delivery of the motor car to contend that as the disability certificate was issued after the expiry of the period of 30 days, his application for reservation of fancy registration mark should have been entertained. W.P.(C) No.24955 of 2011 4 In the absence of any material even to prima facie disclose that the petitioner has applied for a fancy registration mark within the period of 30 days from the date of temporary registration, I am of the opinion that no relief can be granted in the instant writ petition. The writ petition fails and is accordingly dismissed without prejudice to the right of the petitioner to have his motor car registered on payment of compounding fee. P.N. RAVINDRAN, JUDGE. nj. P.N.RAVINDRAN, J. -------------------------------------- W.P.(C) No.24955 of 2011 JUDGMENT Dated:- 22nd September, 2011 --------------------------------------