IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 23RD AUGUST 2011 / 1ST BHADRA 1933 WP(C).No. 21045 of 2011(E) -------------------------- PETITIONER(S): --------------- PADMAKUMAR P.S., T.C.15/1608, SIVARAMAN, VAZHUTHACADU, THYCAUD P.O., THIRUVANANTHAPURAM-14. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR SRI.T.K.ANANDA KRISHNAN SRI.JELSON J.EDAMPADAM RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE TRANSPORT COMMISSIONER, TRANS TOWERS, THIRUVANANTHAPURAM. 3. THE REGIONAL TRANSPORT OFFICER, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. MOHAMMED SHAFI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) NO.21045 OF 2011 EXT.P1 TRUE COPY OF THE SALE CERTIFICATE DATED 4.7.2011 ISSUED BY THE MANUFACTURER TO THE REGIONAL TRANSPORT OFFICER, CERTIFYING THAT THE ABOVE VEHICLE HAS BEEN TRANSFERRED TO THE PETITIONER. EXT.P2 TRUE COPY OF THE TEMPORARY CERTIFICTE OF REGISTRATION NO.KL-22.B. TEMP. 2093 ISSUED TO THE PETITIONER. EXT.P3 TRUE COPY OF THE G.O.(P) NO.3/2011/Tran. DATED 25.1.2011 AMENDED RULE 95 OF THE KERALA MOTOR VEHICLES RULES, 1995 WITH EFFECT FROM 1.3.2011. EXT.P4 TRUE COPY OF THE CASH RECEIPT ISSUED TO THE PETITIONER BY THE SECOND RESPONDENT FOR RESERVING THE NUMBER 3456. EXT.P5 TRUE COPY OF THE GUIDELINES, ATTACHED WITH EXT.P3 RULES. EXT.P6 TRUE COPY OF THE INTERIM ORDER DATED 23.5.2011 PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.13780 OF 2011. //TRUE COPY// P.A. TO JUDGE. P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.21045 of 2011 ------------------------------- Dated this the 23rd day of August, 2011 J U D G M E N T The petitioner purchased a brand new motor car on 4.7.2011. The said vehicle was temporarily registered by the Additional Registering Authority, Kazhakuttom on 4.7.2011 itself. Ext.P2 temporary certificate of registration was thereupon issued and it was valid for the period from 4.7.2011 to 18.7.2011. During the period of validity of the temporary certificate of registration, the petitioner applied for the allotment of a fancy registration mark (KL 01-BC 3456) by submitting an application in the prescribed form accompanied by the prescribed fee of Rs.5000/-. An auction was held on 25.7.2011. The petitioner was not successful in the auction and the said registration mark was allotted to another applicant. The petitioner thereafter approached this Court by filing the instant writ petition contending that though as per the provisions contained in sub- section (2) of section 43 of the Motor Vehicles Act, a temporary certificate of registration can have a validity of one month, the respondents are declining to receive another application from him under rule 95 of Kerala Motor Vehicles Rules for reservation of a fancy registration mark. W.P.(C) No.21045 of 2011 2 2. When this writ petition came up for admission-hearing on 2.8.2011, while admitting the writ petition, this Court directed that if the petitioner tenders an application in the prescribed form for reservation of a registration mark along with the requisite fee, the third rspondent shall receive the same and await further orders of this Court before proceeding with the application. This Court also directed that if for that registration mark, any other application has already been received, an auction in terms of the Kerala Motor Vehicles Rules shall not be held unless otherwise ordered by this Court. It is stated that pursuant to the said direction, the petitioner submitted an application dated 3.8.2011 in the prescribed form accompanied by a receipt evidencing payment of the fee of Rs.3000/- for reservation of the registration mark, KL 01/BC 3645. 3. When the writ petition came up for further hearing today, the learned Government Pleader appearing for the respondents submitted that the petitioner's application was considered and an order was passed on 8.8.2011 alloting the registration Mark, KL 01/BC 3645 to the petitioner. The learned Government Pleader submitted that in view of the interim order passed by this Court that the registration mark was not allotted to the petitioner. In the instant case, the petitioner purchased a brand new motor car on 4.7.2011. It W.P.(C) No.21045 of 2011 3 was temporarily registered on the same day. 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 Circular No.4 of 2011 dated 18.2.2011 stipulated that with effect from 1.3.2011, 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 26.6.1998. I have by judgment delivered on 6.7.2011 in W.P.(C) No.15162 of 2011, interpreting the provisions of sub-section (2) of section 43 of the Motor Vehicles Act held that if the owner of a brand new car applies for reservation of a fancy registration mark within the period of one month stipulated in sub-section (2) of section 43 of the Motor Vehicles Act, such an application is liable to be entertained and disposed of on the merits. In the instant case, pursuant to the interim order passed this Court on 2.8.2011, within the period of 30 days computed with effect from 4.7.2011, the petitioner had submitted an application for reservation of the registration mark, KL 01/BC 3645. The requisite fee of Rs.3000/- was also paid. In such circumstances, following the decision in W.P.(C) No.15162 of 2011, I dispose of the writ petition with a direction to the Additional Registering Authority, Kazhakuttom to allot the registration W.P.(C) No.21045 of 2011 4 mark, KL 01/BC 3645, to the petitioner's motor car described in Ext.P2 temporary certificate of registration, on the petitioner producing the vehicle for registration along with a copy of this judgment besides other documents and paying the requisite charges/fees. P.N. RAVINDRAN, JUDGE. nj. P.N.RAVINDRAN, J. -------------------------------------- W.P.(C) No.21045 of 2011 JUDGMENT Dated:- 23rd August, 2011 --------------------------------------