Cherayil Granites and Ashokan M.S. v. Joint Regional Transport Officer, Sub Regional Transport Office, Devikulam

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH MONDAY, THE 18[TH] DAY OF DECEMBER 2023 / 27TH AGRAHAYANA,** ## **1945** ## **WP(C) NO. 42093 OF 2023** ## **PETITIONER/S:** 1 THE PROPRIETOR, CHERAYIL GRANITES, ADIMALY P.O, KOOMPANPARA, IDUKKI DISTRICT, REPRESENTED BY SANTHOSH ABRAHAM, PIN - 685561 2 ASHOKAN M.S., AGED 49 YEARS S/O SATHEESAN, MUTTATHANIKKAL HOUSE, VELLATHOOVAL, KOOMPANPARA, IDUKKI DISTRICT-, PIN - 685561 BY ADVS. NAZRIN BANU P.DEEPAK ## **RESPONDENT/S:** THE JOINT REGIONAL TRANSPORT OFFICER, SUB REGIONAL TRANSPORT OFFICE, DEVIKULAM, NEAR POLICE STATION, ADIMALY, IDUKKI-, PIN - 685561 ## **OTHER PRESENT:** SRI.S. GOPINATHAN-SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **WP(C) NO. 42093 OF 2023** 2 ## J U D G M E N T The present writ petition has been filed seeking a writ of certiorari or any other writ, order or direction quashing Ext.P3 order dated 30.11.2023 issued by the respondent, whereby it has been informed that the 1[st] petitioner's applications for surrender of permit and change of ownership with respect to the vehicle bearing registration No.KL-68 2917 (HGV – Tipper) could not be allowed in view of Rule 167(7) of the Central Motor Vehicles Rules, 1989, (“Rules”, for short) on account of pendency of five (5) check reports and ten (10) e-challans with respect to the vehicle in question, as mentioned in the said order. Details of the e-challans mentioned in the impugned order read as under: |Sl.<br>No.|e-Challan|Date|Remarks| |---|---|---|---| |1|KL62173210204125253|04/02/2021|Prosecution proceedings<br>have been undertaken<br>(ST No.47/2022)| |2|KL47642210206105347|06/02/2021|Prosecution proceedings| **WP(C) NO. 42093 OF 2023** 3 ||||have been undertaken<br>(ST No.35/2022)| |---|---|---|---| |3|KL0596210818155852|18/08/21|Prosecution proceedings<br>have been undertaken<br>(ST No.86/2022)| |4|KL4764221112414474|24/11/21|Prosecution proceedings<br>have been undertaken<br>(ST No.25/2022)| |5|KL109629220921134258|21/09/22|-| |6|TN45059230331174737|21/03/23|Tamil Nadu| |7|TN45082230411172052|11/04/23|Tamil Nadu| |8|TN45060230522182608|22/05/23|Tamil Nadu| |9|KL94623230701131938|01/07/23|Police Department| |10|KL150610230721120745|21/01/23|-| 2. Sri.S.Gopinathan, learned Senior Government Pleader, submits that the approximate amount of e-challans is Rs.1,93,000/-. The petitioner has filed this writ petition to deny the State the amount of e-challans while transferring the vehicle in favour of the 2[nd] petitioner. He further submits that except in three cases, i.e. permit, fitness and payment of tax, no application **WP(C) NO. 42093 OF 2023** 4 for transfer of the vehicle or other applications can be entertained, unless e-challans and check reports are discharged/settled. He further submits that in the present case, the petitioner has not discharged the e-challans and the same are pending for prosecution before the jurisdictional Magistrate and therefore, the respondent has taken the correct view under Rule 167(7) of the Rules. 3. Learned counsel for the petitioners, however, submits that pendency of the e-challans is not a bar under of Rule 167(7) of the Rules for transferring a motor vehicle by the owner in favour of another person. He has placed reliance on a Division Bench judgment of this Court in the case of The Regional Transport Officer v. Binson [W.A.No.402/2021 dated 26.2.2021] in support of his submission. 4. The facts are not in dispute. The petitioners cannot deny the pendency of five (5) check reports and ten (10) e-challans with respect to the vehicle in question. The question is **WP(C) NO. 42093 OF 2023** 5 whether the 1[st] petitioner can transfer his motor vehicle in favour of the 2[nd] petitioner without discharging/settling the said e-challans and check reports. Rule 167 of the Rules, which is the part of Chapter-VIII – Offences, Penalties and Procedure - prescribes procedures for issuance and payment of e-challans. Rule 167 of the Rules, on reproduction, reads as under: “ 167. Procedure for issuance and payment of challan.- (1) Any police officer in uniform or any other officer, authorised by the State Government in this behalf shall issue a challan through system or e-challan facility physical or electronic form, to a person acting in violation of the provisions of the Act. (2) Notwithstanding anything contained in sub-rule (1), in case of any person violates the provisions of the Act, the State Government or designated agency can enable auto-generation of challan through electronic monitoring and enforcement system or manually by any police officer or by a designated agency. (3) The challan issued under sub-rule (1) or (2), shall be delivered to a person who violates the provisions of the Act either by hand or any other physical or electronic means **WP(C) NO. 42093 OF 2023** 6 of communication authorised by the Central Government or State Government. (4) Details of challans issued under subrule (1) or (2), shall be recorded chronologically in the portal on a regular basis for access by enforcement officers. (5) Challans issued under sub-rule (1) or (2) shall be disposed of within ninety days from the date of issuance of the challan, in physical or electronic form, except in case of offences instituted for prosecution by a Court. (6) If a challan is due beyond the time period specified in sub-rule (5), at east one additional notice for payment may be sent through electronic means communication authorised by the Central Government or State Government or by way of call to the registered mobile number of a person who violates the provisions of the Act. (7) If a challan is due beyond the time period specified in sub-rule (5), except in case of offences instituted for prosecution by a Court, then applications with respect to the license of offender or registration of motor vehicle, as the case may be, mentioned in the challan shall not be processed by the licensing authority or registering authority, as the case may be, except applications relating to permit, fitness and tax(es) of motor vehicle. (8) Subject to orders of the Court, in respect of challans issued under sub-rule (1) **WP(C) NO. 42093 OF 2023** 7 or (2), a police officer in uniform authorised by the State Government in this behalf may detain the vehicle involved in violation.” 5. Sub-rule (7) of Rule 167 specifically provides that except in case of offences instituted for prosecution by a Court, applications with respect to the licence of offender or registration of motor vehicle mentioned in the challan shall not be processed by the licensing authority. Thus, on a mere reading of the said provision of Rule 167(7), if challans are pending for prosecution before the Magistrate and the owner of the vehicle has not discharged liability of the e-challans, applications for registration, which would include applications for transfer as well, shall not be processed. However, this bar will not be applicable in respect of applications regarding issuance/surrender of permits, fitness and payment of tax on the motor vehicle. 6. The judgment of the Division Bench in the case of Binson (supra) has no application to the facts of the present case. Considering the **WP(C) NO. 42093 OF 2023** 8 provision of Rule 167 of the Rules, the learned Division Bench has held that if the registered owner has not chosen to compound the offences, the renewal of permit sought by him/her could not be denied. Paragraph Nos.12 and 13 of the said judgment, which are relevant, are extracted hereunder: “12. However, after analysing the issue at hand, the learned single Judge was of the considered opinion that there were no proceedings initiated against the registered owner of the vehicle having violated the provisions of the Motor Vehicles Act, except making the check reports, and the registered owner has the option either to plead guilty or to contest the proceedings and therefore, since the registered owner was not found guilty consequent to the non-payment of fine or having not chosen to compound the offence, the renewal of permit sought for by him would not have been denied by the respondents. It was accordingly that directions were issued by the learned single Judge. We are in respectful agreement with the judgment of the learned single Judge and therefore, finds no reason to interfere with the same. 13. Having evaluated the rival submissions and the provisions of law as discussed above and otherwise, we are of the considered opinion **WP(C) NO. 42093 OF 2023** 9 that the appellant has not made out any case justifying interference in an intra court appeal filed under Section 5 of the Kerala High Court Act, 1958, there being no jurisdictional error or legal infirmities.” 7. Thus, considering the facts and circumstances of the case and the provisions of Rule 167 of the Rules and the judgment in the case of Binson (supra), I am of the considered view that the 1[st] petitioner's application for transfer of ownership of the vehicle in question cannot be granted, unless the 1[st] petitioner has discharged the liability of e-challans as mentioned in the impugned order. The writ petition fails and is therefore dismissed. Pending interlocutory application, if any, in the present writ petition stands dismissed. Sd/DINESH KUMAR SINGH JUDGE jg 10 ## **WP(C) NO. 42093 OF 2023** ## **APPENDIX OF WP(C) 42093/2023** PETITIONER EXHIBITS - Exhibit P1 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION ISSUED BY THE RESPONDENT BEARING REGISTRATION NUMBER KL-68-2917. - Exhibit P2 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE RESPONDENT DATED 22.11.2023 WITH ITS TRUE ENGLISH TRANSLATION Exhibit P3 A TRUE COPY OF THE LETTER OF THE RESPONDENT DATED 30.11.2023 Exhibit P4 A TRUE COPY OF 'E-CHALLANS' ISSUED TO THE VEHICLE DATED 04.02.2021, Exhibit P4(a) A TRUE COPY OF 'E-CHALLANS' ISSUED TO THE VEHICLE DATED 06.02.2021,, Exhibit P4(b) A TRUE COPY OF 'E-CHALLANS' ISSUED TO THE VEHICLE DATED 18.08.2021, Exhibit P4(c) A TRUE COPY OF 'E-CHALLANS' ISSUED TO THE VEHICLE DATED 24.11.2021, Exhibit P4(d) A TRUE COPY OF 'E-CHALLANS' ISSUED TO THE VEHICLE DATED 21.09.2022, Exhibit P4(e) A TRUE COPY OF 'E-CHALLANS' ISSUED TO THE VEHICLE DATED 31.03.2023, Exhibit P4(f) A TRUE COPY OF 'E-CHALLANS' ISSUED TO THE VEHICLE DATED 11.04.2023, Exhibit P4(g) A TRUE COPY OF 'E-CHALLANS' ISSUED TO THE VEHICLE DATED 22.05.2023, 11 ## **WP(C) NO. 42093 OF 2023** Exhibit P4(h) A TRUE COPY OF 'E-CHALLANS' ISSUED TO THE VEHICLE DATED 01.07.2023, Exhibit P4(i) A TRUE COPY OF 'E-CHALLANS' ISSUED TO THE VEHICLE DATED 21.07.2023