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2011 DIGILAW 1057 (KER)

P. J. Georgekutty v. State of Kerala

2011-10-19

P.N.RAVINDRAN

body2011
Judgment : 1. The petitioner, a permanent resident of Athani within the local limits of the territorial jurisdiction of the Joint Regional Transport Officer, Wadakkanchery purchased a brand new motor car from the dealer at Tripunithura on 21/03/2011. He therefore, got the vehicle temporarily registered with the Additional Registering Authority, Tripunithura, within whose jurisdiction the show room is situate and from where the sale was effected, on 21/03/2011. Ext. P2 temporary certificate of registration was thereupon issued and it was valid from 21/03/2011 to 04/04/2011. It is stated that thereafter on 01/04/2011 the petitioner submitted an application for registration of his motor car, remitted the road tax payable and also sought reservation of the fancy registration mark KL - 48C 3756. The petitioner states that the reservation sought for was not granted on the ground that the number was not within the range of numbers allotted to that office for that week. It is stated that though later the petitioner submitted application dated 03/06/2011 for reservation of the very same fancy registration mark, it was rejected by Ext. P5 letter dated 04/06/2011 on the ground that the validity of the temporary certificate of registration has expired. 2. The main contention raised by the petitioner is that the certificate of temporary registration was valid - upto 04/04/2011 when he tendered an application for reservation of the fancy registration mark and therefore the rejection of the application for reservation of the fancy registration mark on the ground stated in Ext. P5 cannot be sustained. 3. A counter - affidavit dated 30/06/2011 has been filed on behalf of the second respondent. In paragraph 3 thereof it is stated that if the petitioner wishes to reserve a fancy registration number, he has to reserve the same from any number within the range of 1500 numbers from the last number allotted during the previous week, before the expiry of the temporary registration. It is also stated that if he desires to reserve a particular number of his choice which is beyond the range of 1500 numbers, he has to postpone the delivery of the new vehicle until such number comes within the range of 1500 numbers allotted to the third respondent. It is also stated that since the validity of the temporary registration certificate of the petitioner’s motor car expired on 04/04/2011, he is not eligible for reserving a fancy registration number thereafter. 4. It is also stated that since the validity of the temporary registration certificate of the petitioner’s motor car expired on 04/04/2011, he is not eligible for reserving a fancy registration number thereafter. 4. I have considered the submissions made at the Bar by the learned counsel appearing on either side. The petitioner has positively averred in paragraph 3 of the writ petition and also in Ext. P4 letter that he had made an attempt to have the fancy registration mark reserved on 01/04/2011. The respondents have however, not chosen to deny the said averment. It is thus evident from the pleadings and the materials on record that within the period of validity of the temporary certificate of registration, the petitioner made an attempt to apply for reservation of the fancy registration mark KL - 48C 3756. The respondent however, did not receive the application and entertain it on the ground that the turn for allotment of that fancy registration mark has not arisen. In my opinion the third respondent ought to have accepted the application and permitted the petitioner to remit the fee payable for reservation of the fancy registration mark and if the turn had not arisen, should have postponed consideration of the application till the turn for allotment of that number arose. In such circumstances I am of the opinion that the petitioner is entitled to succeed. I accordingly allow the writ petition, set aside Ext. P5 and direct the third respondent to allot the fancy registration number KL - 48C 3756 to the petitioner’s motor car described in Ext. P2 certificate of temporary registration on the petitioner producing the vehicle for registration along with a copy of this judgment and paying the prescribed fee together with the compounding fee for belated registration of his motor car, if till date no application for reservation of the said fancy registration mark has been received from any other applicant. If any other applicant has also applied for reservation of the very same fancy registration mark and the said application is pending, the third respondent shall allot the registration mark by auction as prescribed in the rules.