IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933 WP(C).No. 25709 of 2011(K) --------------------------------------- PETITIONER: ------------------- SHAJEED, O.V.HOUSE, PALACHIRA P.O., VARKALA. BY ADV. SRI.STALIN PETER DAVIS. RESPONDENTS: ------------------------ 1. JOINT REGIONAL TRANSPORT OFFICER, ATTINGAL-695 101. 2. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, MINISTRY OF TRANSPORT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. R1 & R2 BY GOVERNMENT PLEADER SRI. G. GOPAKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.25709/2011-K: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE SALE CERTIFICATE. EXT.P.2: COPY OF THE TEMPORARY CERTIFICATE OF REGISTRATION. EXT.P.3: COPY OF THE APPLICATION DT. 12/09/2011. EXT.P.4: COPY OF THE CIRCULAR NO.18/2011 DT. 07/09/2011. EXT.P.5: COPY OF THE REPRESENTATION DT. 23/09/2011. EXT.P.6: COPY OF THE INTERIM ORDER IN W.P.(C).NO.16353/2011 DT. 17/06/2011. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. P.N. RAVINDRAN, J. ------------------------------- W.P (C) No. 25709 of 2011 ------------------------------- Dated this the 20th day of October, 2011 J U D G M E N T The petitioner purchased a brand new motor car from a car dealer at Thiruvananthapuram on 16.8.2011. Being a permanent resident within the local limits of the territorial jurisdiction of the Joint Regional Transport Officer, Attingal, the petitioner got his vehicle temporarily registered with the Registering Authority, Thiruvananthapuram. Ext.P2 temporary certificate of registration was thereupon issued and it was valid for a period of 14 days from 16.8.2011 to 29.8.2011. It is stated that though on 12.9.2011, the petitioner tendered Ext.P3 application for reservation of the fancy registration mark, KL-16/H 120 along with a fee of Rs.3,000/-, the first respondent declined to receive the application on the ground that the validity of the temporary certificate of registration has expired. Relying on Ext.P4 circular dated 7.9.2011 and the judgment of this Court in W.P(C) No.15162 of 2011, it is contended that as the petitioner has tendered application within a period of 30 days from the date of temporary registration of his car, the application ought to have been accepted and acted upon. The petitioner states that though thereafter he had submitted Ext.P5 representation dated 23.9.2011 W.P.(C) No.25709/2011 2 before the first respondent requesting him to allot the registration mark, KL-16/H 120, to his motor car, the said request was also not entertained. In this writ petition, the petitioner seeks a direction to the first respondent to receive Ext.P3 application and to allot the fancy registration mark, KL-16/H 120, to his motor car. 2. The respondents have been served and they have entered appearance through the learned Government Pleader. The first respondent has filed a counter affidavit dated 14.10.2011. In paragraph 2 thereof, it is conceded that the petitioner had tendered an application dated 12.9.2011 for reservation of the fancy registration mark, KL-16 H 120. It is stated that as the application was made at a point of time when the temporary certificate of registration was not valid, it was not accepted. The deponent has also stated that on 12.9.2011, another application for reservation of the very same registration mark was received from Sri.Shahul Hameed, Janatha Hotel, Alamcode, Attingal and in view of the interim order passed by this Court, the aforesaid registration mark has not been allotted to any person so far. 3. I heard Sri.Stalin.P.Davis, learned counsel appearing for the petitioner and Sri.G.Gopakumar, learned Government Pleader appearing for the respondents. From the pleadings and the materials W.P.(C) No.25709/2011 3 on record, it is evident that within a period of 30 days from the date of temporary registration, viz., on 12.9.2011, the petitioner had tendered an application for reservation of the fancy registration mark, KL-16/H 120 before the first respondent. The said application was not received on the ground that the temporary certificate of registration ceased to be valid on 29.8.2011. I have by judgment delivered on 6.7.2011 in W.P(C) No.15162 of 2011 held that if an application for reservation of a fancy registration mark or any other registration mark is submitted within a period of 30 days from the date of temporary registration of a motor vehicle, the registering authority is bound to entertain the application and dispose it of on the merits in view of the stipulation in sub-section (2) of section 43 of the Motor Vehicles Act regarding the period of validity of a temporary certificate of registration. Ext.P4 circular dated 7.9.2011 produced by the petitioner was issued pursuant to the said judgment. In such circumstances, as the first respondent has admitted that the petitioner had tendered an application for reservation of the fancy registration mark within a period of 30 days, I am of the opinion that the petitioner is entitled to have his application received and considered along with the application stated to have been received from Sri.Shahul Hameed. W.P.(C) No.25709/2011 4 I accordingly dispose of the writ petition with a direction to the first respondent to receive, if tendered by the petitioner, along with a certified copy of this judgment, the original of Ext.P3 application and the fee for reservation of fancy registration mark, KL- 16/H 120 prescribed as per the rules. It will be open to the petitioner to remit any additional amount as stipulated in the rules. The first respondent shall thereupon dispose of the applications submitted by the petitioner and Sri.Shahul Hameed in accordance with the rules, expeditiously and in any event, within two weeks from the date of receipt of a copy of this judgment. P.N. RAVINDRAN, JUDGE. nj. P.N.RAVINDRAN, J. -------------------------------------- W.P.(C) No. 25709 of 2011 JUDGMENT Dated:- 20th October, 2011 --------------------------------------