Sijo John v Regional Transport Officer (Registering Authority), Thrissur and connected matters (WP(C).No.13274 of 2020 (H) and connected cases)

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V** ## **MONDAY, THE 24TH DAY OF AUGUST 2020 / 2ND BHADRA, 1942** ## **WP(C).No.13274 OF 2020(H)** ## **PETITIONER/S:** **SIJO JOHN, PARAMBAN HOUSE, CHIYYARAM P.O., CHIYYARAM, THRISSUR. BY ADV. SRI.K.V.GOPINATHAN NAIR** ## **RESPONDENT/S:** **1 THE REGIONAL TRANSPORT OFFICER (REGISTERING AUTHORITY), CIVIL STATION, AYYANTHOLE, THRISSUR-680 003. * ADDL.R2 IS SUO MOTU IMPLEADED: ADDL.R2 THE SECRETARY, MORTH 1, PARLIAMENT STREET, TRANSPORT BHAVAN, NEW DELHI. * ADDITIONAL 2ND RESPONDENT IS SUO MOTU IMPLEADED AS PER ORDER DATED 13-08-2020 IN WP(C)** **SRI.BIMAL.K.NATH, SENIOR GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.08.2020, ALONG WITH W.P.(C).14208/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.13274 OF 2020(H) 2 and connected cases** # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V** **MONDAY, THE 24TH DAY OF AUGUST 2020 / 2ND BHADRA, 1942** **WP(C).No.14208 OF 2020(A)** ## **PETITIONER/S:** **DANISH NISAMUDHEEN, AGED 29 YEARS, KANAYANKODE, KUNNAMANGALAM P.O, 673 591, KOZHIKODE DISTRICT.** **BY ADVS. SRI.P.K.VIJAYAMOHANAN SMT. AISWARYA V.S.** ## **RESPONDENT/S:** **THE JOINT REGIONAL TRANSPORT OFFICER, SUB REGIONAL TRANSPORT OFFICE, KODUVALLY-673 572, KOZHIKODE DISTRICT.** **SRI.BIMAL.K.NATH, SENIOR GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.08.2020, ALONG WITH WP(C).13274/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.13274 OF 2020(H) 3 and connected cases** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V** **MONDAY, THE 24TH DAY OF AUGUST 2020 / 2ND BHADRA, 1942** ## **WP(C).No.14420 OF 2020(B)** ## **PETITIONER/S:** **BASHEER.Y, AGED 59 YEARS, S/O.YOUSEF, KARUKAPPARAMBU THOPPU, VANDANAM, AMBALAPPUZHA, ALAPPUZHA-688 005.** **BY ADV. SRI.PRASAD CHANDRAN** ## **RESPONDENT/S:** **1 THE REGIONAL TRANSPORT OFFICER, (REGISTERING AUTHORITY), OFFICE OF THE REGIONAL TRANSPORT OFFICER, CIVIL STATION, ALAPPUZHA-688 001. * ADDL.R2 IS SUO MOTU IMPLEADED: ADDL.R2 THE SECRETARY, MORTH 1, PARLIAMENT STREET, TRANSPORT BHAVAN, NEW DELHI. * ADDITIONAL 2ND RESPONDENT IS SUO MOTU IMPLEADED AS PER ORDER DATED 13-08-2020 IN WP(C)** **SRI.BIMAL K. NATH, SENIOR GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.08.2020, ALONG WITH WP(C).13274/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.13274 OF 2020(H) 4 and connected cases** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V MONDAY, THE 24TH DAY OF AUGUST 2020 / 2ND BHADRA, 1942** ## **WP(C).No.14806 OF 2020(A)** |**PETITIONER/S**<br>**:**|**PETITIONER/S**<br>**:**|| |---|---|---| |||**JOBI JOSE,**| |||**AGED 44 YEARS,**| |||**S/O.JOSE K.J., KARACKAL HOUSE,**| |||**KIDANGOOR P.O., KOTTAYAM -686 572.**| |||**BY ADV. SRI.I.DINESH MENON**| |**RESPONDENT/S**<br>**:**||| |**1**||**THE JOINT REGIONAL TRANSPORT OFFICER,**| |||**PALA P.O., PIN - 686 575.**| |**2**||**THE DEPUTY DIRECTOR GENERAL AND STATE**| |||**INFORMATION OFFICER,**| |||**NIC KERALA STATE CENTRE, CDAC BUILDING,**| |||**VELLAYAMBALAM, THIRUVANANTHAPURAM - 695 030.**| |**3**||**THE TRANSPORT COMMISSIONER,**| |||**KERALA, TRANS BHAVAN, VAZHUTHAKKAD P.O.,**| |||**THIRUVANANTHAPURAM - 605 014.**| |*****||**ADDL.R4 IS SUO MOTU IMPLEADED:**| |**ADDL.R4**||**THE SECRETARY,**| |||**MORTH 1, PARLIAMENT STREET,**| |||**TRANSPORT BHAVAN, NEW DELHI.**| |*****||**ADDITIONAL 4TH RESPONDENT IS SUO MOTU IMPLEADED AS**| |||**PER ORDER DATED 13-08-2020 IN WP(C)**| |||**R1 & R3 BY SRI.BIMAL K. NATH, SENIOR GOVERNMENT**| |||**PLEADER**| |||**R2 BY ADV. SRI.K.SUDHINKUMAR**| **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.08.2020, ALONG WITH WP(C).13274/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.13274 OF 2020(H) 5 and connected cases** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V** **MONDAY, THE 24TH DAY OF AUGUST 2020 / 2ND BHADRA, 1942** ## **WP(C).No.15719 OF 2020(L)** **PETITIONER/S: M/S.GARUDA TRANSPORTS, A PARTNERSHIP FIRM HAVING ITS REGISTERED OFFICE AT SILVECAST BUILDING, N.H. BYEPASS ROAD, ALUVA, ERNAKULAM 683 101. REPRESENTED BY ITS MANAGING PARTNER, JOSE P.O. AGED 66, S/O. OUSEPH.** |||**BY ADVS.**| |---|---|---| |||**SRI.ANEESH JAMES**| |||**SRI.JIJO THOMAS**| |||**SMT.M.D.BEENA**| |**RESPONDENT/S**<br>**:**||| |**1**||**UNION OF INDIA,**| |||**REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,**| |||**MINISTRY OF ROAD TRANSPORT AND HIGHWAYS**| |||**PARIVAHAN BHAVAN, 1, PARLIAMENT STREET,**| |||**NEW DELHI 110 001.**| |**2**||**STATE OF KERALA,**| |||**REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,**| |||**MOTOR VEHICLES DEPARTMENT, TRANS TOWERS,**| |||**VAZHUTHACAUD, THIRUVANANTHAPURAM 695 014.**| |**3**||**DEPUTY TRANSPORT COMMISSIONER,**| |||**ZONAL OFFICE II, NGO QUARTERS ROAD,**| |||**KUNNUMPURAM, KAKKANAD, ERNAKULAM 682 021.**| |**4**||**THE REGIONAL TRANSPORT OFFICER,**| |||**CIVIL STATION, KAKKANAD, KAKKANAD, P.O.**| |||**ERNAKULAM 682 030.**| |**5**||**THE JOINT REGIONAL TRANSPORT OFFICER,**| |||**MINI CIVIL STATION, ALUVA, ERNAKULAM 683 101.**| **WP(C).No.13274 OF 2020(H) 6 and connected cases** **R1 BY SMT.VANDANA P., CGC R2 TO R5 BY SRI K P HARISH, SENIOR GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.08.2020, ALONG WITH WP(C).13274/2020(H) AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.13274 OF 2020(H) 7 and connected cases** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V** **MONDAY, THE 24TH DAY OF AUGUST 2020 / 2ND BHADRA, 1942** ## **WP(C).No.15757 OF 2020(T)** ## **PETITIONER/S:** **DAVIS G.V., AGED 62 YEARS, S/O.VARKEY, GOPURATHINKAL, ELAVOOR KAVALA, KARUKUTTY P.O., PADUVAPURAM, ERNAKULAM DISTRICT, PIN - 683 576.** ## **BY ADV. SRI.O.D.SIVADAS** ## **RESPONDENT/S:** **1 THE TRANSPORT COMMISSIONER, OFFICE OF THE TRANSPORT COMMISSIONER, TRANS TOWER, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN 695 014. 2 THE JOINT REGIONAL TRANSPORT OFFICER, (REGISTERING AUTHORITY), SUB REGIONAL TRANSPORT OFFICE, ANGAMALY, ERNAKULAM DISTRICT, PIN - 683 572.** ## **BY SRI K P HARISH, SENIOR GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.08.2020, ALONG WITH WP(C).13274/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.13274 OF 2020(H) 8 and connected cases** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V** **MONDAY, THE 24TH DAY OF AUGUST 2020 / 2ND BHADRA, 1942** ## **WP(C).No.16273 OF 2020(H)** ## **PETITIONER/S:** **THE MANAGING PARTNER, CHEFS CONNECT, NEAR COLLEGEPADY, 13/832, EDAIKKODE, KOTTAKKAL, MALAPPURAM-676 501.** **BY ADV. SRI.K.V.GOPINATHAN NAIR** ## **RESPONDENT/S:** - **1 THE JOINT REGIONAL TRANSPORT OFFICER, (REGISTERING AUTHORITY), SUB REGIONAL TRANSPORT OFFICE, MINI CIVIL STATION, TIRUR, MALAPPURAM-676 101.** - **2 THE TRANSPORT COMMISSIONER, TRANSPORT COMMISSIONERATE, TRANS POWERS, VAZHUTHACAUD, THYCAUD P.O., THIRUVANANTHAPURAM-695 014.** - **3 NATIONAL INFORMATICS CENTRE, REPRESENTED BY DIRECTOR GENERAL, CDAC BUILDING, KELTRON COMPOUND, MANAVEEYAM ROAD, NANDAVANAM, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 033.** - **ADDL.R4 IS SUO MOTU IMPLEADED:** - **ADDL.R THE SECRETARY, 4 MORTH 1, PARLIAMENT STREET, TRANSPORT BHAVAN, NEW DELHI.** *** ADDITIONAL 4TH RESPONDENT IS SUO MOTU IMPLEADED AS PER ORDER DATED 13-08-2020 IN WP(C)** **WP(C).No.13274 OF 2020(H) 9 and connected cases** **SRI K P HARISH, SENIOR GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.08.2020, ALONG WITH WP(C).13274/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.13274 OF 2020(H) 10 and connected cases** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V** **MONDAY, THE 24TH DAY OF AUGUST 2020 / 2ND BHADRA, 1942** **WP(C).No.16335 OF 2020(N)** ## **PETITIONER/S:** **MARTIN ANTONY, AGED 46 YEARS, S/O.ANTONY, THE MANAGING PARTNER, J M ASSOCIATES, 40/2957, BASIL BUILDING, MARINE DRIVE, ERNAKULAM, PIN-682 031.** **BY ADV. SRI.O.D.SIVADAS** ## **RESPONDENT/S:** **1 THE TRANSPORT COMMISSIONER, OFFICE OF THE TRANSPORT COMMISSIONER, TRANS TOWER, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN-695 014.** **2 THE REGIONAL TRANSPORT OFFICER, (REGISTERING AUTHORITY), REGIONAL TRANSPORT OFFICE, CIVIL STATION, ERNAKULAM, PIN-682 572.** ## **SRI K P HARISH, SENIOR GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.08.2020, ALONG WITH WP(C).13274/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.13274 OF 2020(H) 11 and connected cases** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V** **MONDAY, THE 24TH DAY OF AUGUST 2020 / 2ND BHADRA, 1942** ## **WP(C).No.16358 OF 2020(T)** ## **PETITIONER/S:** **MONCY SIMON, AGED 30 YEARS, S/O.CHACKO, THENGUMKALAYAIL HOUSE, KANNARA POST, PEECHI, PIN-680 652, THRISSUR DISTRICT.** **BY ADV. SRI.SAJU J.VALLYARA** ## **RESPONDENT/S:** **1 THE REGISTERING AUTHORITY (REGIONAL TRANSPORT OFFICER), THRISSUR, COLLECTORATE P.O. AYYANTHOLE THRISSUR-680003. 2 THE TRANSPORT COMMISSIONER OF KERALA, TRANSPORT BHAVAN, VAZHUTHAKKAD P.O., THIRUVANANTHAPURAM-695 014. 3 THE DEPUTY DIRECTOR GENERAL AND STATE INFORMATION OFFICER NIC KERALA STATE CENTRE, CDAC BUILDING VELLAYAMBALAM, THIRUVANANTHAPURAM-695 030.** *** ADDL.R4 IS SUO MOTU IMPLEADED:** **ADDL.R THE SECRETARY, 4 MORTH 1, PARLIAMENT STREET, TRANSPORT BHAVAN, NEW DELHI.** *** ADDITIONAL 4TH RESPONDENT IS SUO MOTU IMPLEADED AS PER ORDER DATED 13-08-2020 IN WP(C) R3 BY SRI.K.SHRI HARI RAO, CGC SRI.BIMAL K. NATH, SENIOR GOVERNMENT PLEADER** **WP(C).No.13274 OF 2020(H) 12 and connected cases** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.08.2020, ALONG WITH WP(C).13274/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.13274 OF 2020(H) 13 and connected cases** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V MONDAY, THE 24TH DAY OF AUGUST 2020 / 2ND BHADRA, 1942** ## **WP(C).No.16509 OF 2020(K)** **PETITIONER/S: AJESH PHILIP, AGED 32 YEARS, S/O. PHILIPOSE, POOVATHANIYIL HOUSE, ARUVIKKUZY P.O. KOTTAYAM 686 503. BY ADV. SRI.I.DINESH MENON RESPONDENT/S: 1 THE REGIONAL TRANSPORT OFFICER, KOTTAYAM, COLLECTORATE P.O. KOTTAYAM 686 002. 2 THE DEPUTY DIRECTOR GENERAL AND STATE INFORMATION OFFICER, NIC KERALA STATE CETNRE, CDAC BUILDING, VELLAYAMBALAM, THIRUVANANTHAPURAM 695 030. 3 THE TRANSPORT COMMISSIONER, KERALA, TRANS BHAVAN, VAZHUTHAKKAD P.O. THIRUVANANTHAPURAM 605014. * ADDL.R4 IS SUO MOTU IMPLEADED: ADDL.R4 THE SECRETARY, MORTH 1, PARLIAMENT STREET, TRANSPORT BHAVAN, NEW DELHI. * ADDITIONAL 4TH RESPONDENT IS SUO MOTU IMPLEADED AS PER ORDER DATED 13-08-2020 IN WP(C)** ## **SRI.K.P.HARISH, SENIOR GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.08.2020, ALONG WITH WP(C).13274/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.13274 OF 2020(H) 14 and connected cases** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V** **MONDAY, THE 24TH DAY OF AUGUST 2020 / 2ND BHADRA, 1942** ## **WP(C).No.16596 OF 2020(Y)** ## **PETITIONER/S:** **BENNY.C.M., AGED 55 YEARS, PROPRIETOR, M/S. CHETTIAKUNNEL FUELS, PP-V-205A, KANHIRANGAD, KUTTIYERI, KANNUR DISTRICT, KERALA STATE, PIN-670 142.** **BY ADVS. SRI.G.HARIHARAN SRI.PRAVEEN.H. SMT.K.S.SMITHA SRI.V.R.SANJEEV KUMAR** ## **RESPONDENT/S:** **1 THE JOINT REGIONAL TRANSPORT OFFICER, SUB REGIONAL TRANSPORT OFFICE, TALIPARAMBA, KANNUR DISTRICT-670 141. 2 TRANSPORT COMMISSIONER, TRANS TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014. 3 UNION OF INDIA, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAWAN, 1, PARLIAMENT STREET, NEW DELHI-110 001, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS.** **SRI.BIMAL K. NATH, SENIOR GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.08.2020, ALONG WITH WP(C).13274/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.13274 OF 2020(H) 15 and connected cases** ## **J U D G M E N T ~~~~~~~~** The petitioners in these cases have purchased vehicles conforming to the emission standard of Bharat State (BS-IV) and those vehicles have been temporarily registered by the registering authority. They have approached this Court aggrieved by the refusal on the part of the Registering Authority in registering their vehicles. They contend that it is pursuant to the directions issued by the Hon’ble Supreme Court in W.P. (C) No.13209 of 1985 that directions were issued by the Ministry of Road Transport and Highways (‘MoRTH’ for short) that vehicle registration through the ‘PARIVAHAN’ site maintained by the National Informatics Center (‘NIC’ for short) shall not be carried out after 31.3.2020. The petitioners contend that they had purchased the vehicles much prior to the cutoff date and they had obtained temporary registration as well. They were not in a position to register the vehicle and obtain certificate of registration under Rule 48 of the Central Motor Vehicle Rules, 1989 since the offices of the Registering Authority were closed due to the restrictions imposed on account of the COVID-19 pandemic. 2. Sri.Bimal K.Nath and Sri.K.P.Harish, the learned Government Pleaders appearing for the State submitted that the records produced by the petitioners along with the writ petitions which include the purchase invoice, **WP(C).No.13274 OF 2020(H) 16 and connected cases** vehicle insurance certificate, certificate of temporary registration under Rule 94 of the Kerala Motor Vehicles Rules, 1989 etc., would show that they had purchased the vehicles prior to the cutoff date and those vehicles were temporarily registered with the registering authority. It is submitted that the vehicles could not be registered owing to the fact that the offices of the registering authority were closed owing to the pandemic. It is submitted that attempts made by the Registering authority to access the ‘PARIVAHAN’ site thereafter proved futile. They also submitted that there are no materials to suggest that the petitioners have made any attempts to defeat the orders of the Supreme Court. 3. The NIC as well as the MoRTH were impleaded as additional respondents to ascertain their stand. 4. R.Sudhin Kumar, the learned Central Government Counsel submitted that access was denied to the registering authority in view of the directions issued by the Hon’ble Supreme Court. However, it is submitted that by order dated 13.8.2020, passed in **M.C. Mehta v Union of India** (W.P. (C) No. 13029 of 1985), the Apex Court has allowed registration of such vehicles which could not be registered during lockdown in the month of March, 2020 and which were temporarily registered prior to the cut off date in all other places except Delhi and NCR. It is submitted that in view of the said directions, the MoRTH by letter dated 19.8.2020 has written to all states **WP(C).No.13274 OF 2020(H) 17 and connected cases** and NIC to ensure compliance of the orders in regard to registration of BS-IV vehicles. 5. I have considered the submissions. The relevant paragraph in order dated 13.8.2020 in W.P. (C) No.13029 of 1985 of the Apex Court reads thus: "Considered the rival arguments. The lockdown was imposed from 25.03.2020. The sales data has been furnished for the lockdown period by FADA and NonFADA Members for the period with effect from 15.03.2020. There are unusually a large number of transactions, which had taken place during the lockdown period inter se dealers, which cannot be recognised for the purpose of actual sales and registration. We disallow the registration on the basis of such kind of transactions inter se dealers. As they are not sales to the customers and registration of these kinds of vehicles cannot be allowed, there is a ploy to misuse of the order and such vehicles cannot be permitted to be sold in market now. They are not genuine transactions of the sale to the customers. Hence, no registration of such kind of vehicles shall be made, which were sold inter se dealers during the lockdown period. Apart from that, there are large number of vehicles, sales of which were not uploaded on E-Vaahan Portal. Since, sales were not uploaded, as required, the transactions cannot be recognised as genuine sales. The order passed by this Court on 24.10.2018 is clear that sale and registration of BS-IV vehicles shall not be allowed after 31.03.2020. We cannot allow the registration of such vehicles, sales of which were not uploaded on E-Vaahan Portal of the Central Government or the portal of the concerned State **WP(C).No.13274 OF 2020(H) 18 and connected cases** Government. There are still stated to be a large number of sales - which have been made and uploaded on the E Vaahan Portal, even temporary registrations were made. Their registration during the lockdown period could not be made. Hence, we allow registration of such vehicles only which could not be registered during lockdown in the month of March, 2020 and for no other reason. However, the position of Delhi and NCR is different. (emphasis supplied) We clarify our order dated 27.03.2020 to the effect that no registration of BS-IV vehicles is to be made in Delhi and NCR as people are suffering from severe air pollution and the order passed by this Court in 2018 was clear. vehicle of BS-IV in Delhi and NCR to be registered. We order that in the Delhi and NCR, no registration of the vehicles of BS-IV is to be made after 31.03.2020, This order is for the rest of the country and only due to lockdown, not to be used for any other purpose reason and for registration of other vehicles of which registration was not done for any other reason. (emphasis supplied) 6. I find from the records produced that the vehicles involved in these cases were all purchased much prior to the cut off date and they were all temporarily registered. They were prevented from getting the vehicles registered owing to the lockdown imposed due to the pandemic and the blockage of the site later. Now that the Apex Court has clarified the position, the petitioners cannot be denied registration. 7. Resultantly, these writ petitions are disposed of directing the petitioners to file an application for registration, if the same has not been **WP(C).No.13274 OF 2020(H) 19 and connected cases** filed till date, before the registering authority in Form No.20 within 10 days from today accompanied by the certificates made mention of in Rule 47 of the Central Motor Vehicle Rules, 1989. If the application is in order, the Registering Authority shall issue a Certificate of registration ensuring compliance of the conditions stipulated in Rule 48 of the Central Motor Vehicle Rules, 1989. To enable the Registering Authority to carry out registration, the NIC shall provide access and facilitate the process through the ‘PARIVAHAN’ site. The entire procedure shall be completed within a period of 30 days from the date of filing of the application. **SD/-** ## **RAJA VIJAYARAGHAVAN V** **JUDGE** **PS** **WP(C).No.13274 OF 2020(H) 20 and connected cases** ## **APPENDIX OF WP(C) 13274/2020** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE SALE CERTIFICATE DATED 4/4/2018. EXHIBIT P2 TRUE COPY OF THE COMPLIANCE CERTIFICATE ISSUED BY THE MANUFACTURER. EXHIBIT P3 TRUE COPY OF THE RECEIPT EVIDENCING THE PAYMENT OF ONETIME TAX AND REGISTRATION FEE. EXHIBIT P4 TRUE COPY OF THE TEMPORARY REGISTRATION. EXHIBIT P5 TRUE COPY OF THE APPLICATION FOR REGISTRATION SUBMITTED IN FORM 20 DATED 4/4/2018. EXHIBIT P6 TRUE COPY OF THE ORDER DATED 9/6/2020. RESPONDENT'S/S EXHIBITS: NIL** **//TRUE COPY// P.A.TO JUDGE** **WP(C).No.13274 OF 2020(H) 21 and connected cases** ## **APPENDIX OF WP(C) 14208/2020** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE INVOICE NO.CLT/19-20/703 DATED 30.11.2019 OF THE SUPPLIER. EXHIBIT P2 TRUE COPY OF THE INSURANCE POLICE NO.992491923340011785 DATED 02.12.2019. EXHIBIT P3 TRUE COPY OF THE TEMPORARY CERTIFICATE OF REGISTRATION NO.KL/57/TMP/2019/9665 DATED 16.12.2019. EXHIBIT P4 TRUE COPY OF THE REQUEST DATED 14.03.2020 FOR EXTENSION OF THE TEMPORARY REGISTRATION.** **EXHIBIT P5 TRUE COPY OF THE WAY BILL NO.501176846815 DATED 21.03.2020 OF SURAKSHA TRANSPORT SYSTEMS (INDIA) PRIVATE LIMITED. EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 09.06.2020 OF THE PETITIONER BEFORE THE RESPONDENT. EXHIBIT P7 TRUE COPY OF THE ORDER NO.A/1270/20 DATED 26.06.2020 OF THE RESPONDENT.** ## **RESPONDENT'S/S EXHIBITS: NIL** **//TRUE COPY// P.A.TO JUDGE** **WP(C).No.13274 OF 2020(H) 22 and connected cases** ## **APPENDIX OF WP(C) 14420/2020** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE SALES TAX INVOICE INVOICE DATED 31.07.2018. EXHIBIT P2 TRUE COPY OF THE FORM NO.21 AND FORM 22A DATED 03.08.2018. EXHIBIT P3 TRUE COPY OF THE TEMPORARY CERTIFICATE OF REGISTRATION DATED 04.08.2018. EXHIBIT P4 TRUE COPY OF THE CERTIFICATE OF ISSUED BY BODY BUILDER DATED 12.03.2020. EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN WPC NO.11188/2020 DATED 16.06.2020.** ## **RESPONDENT'S/S EXHIBITS: NIL** **//TRUE COPY// P.A.TO JUDGE** **WP(C).No.13274 OF 2020(H) 23 and connected cases** ## **APPENDIX OF WP(C) 14806/2020** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE SALE CERTIFICATE DATED 18/2/2020. EXHIBIT P2 TRUE COPY OF THE TEMPORARY REGISTRATION DATED 18/2/2020. EXHIBIT P3 TRUE COPY OF THE CERTIFICATE DATED 8/6/2020. EXHIBIT P4 TRUE COPY OF THE CIRCULAR DATED 28/04/2020.** **RESPONDENT'S/S EXHIBITS: NIL** **//TRUE COPY// P.A.TO JUDGE** **WP(C).No.13274 OF 2020(H) 24 and connected cases** ## **APPENDIX OF WP(C) 15719/2020** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 A TRUE COPY OF THE VEHICLE INVOICE DATED 29.02.2020 IN RESPECT OF EICHER TRUCK BEARING CHASSIS NO. MC2BCPRFOKF062292 PURCHASED BY THE PETITIONER.** **EXHIBIT P2 A TRUE COPY OF THE VEHICLE INVOICE DATED 29.02.2020 IN RESPECT OF EICHER TRUCK BEARING CHASSIS NO. MC2BCPRFOKH062846 PURCHASED BY THE PETITIONER.** **EXHIBIT P3 A TRUE COPY OF THE VEHICLE INVOICE DATED 29.02.2020 IN RESPECT OF EICHER TRUCK BEARING CHASSIS NO. MC2BCPRFOKF062425 PURCHASED BY THE PETITIONER.** **EXHIBIT P4 A TRUE COPY OF THE VEHICEL INVOICE DATED 29.02.2020 IN RESPECT OF EICHER TRUCK BEARING CHASSIS NO. MC2BCPRFOKH062839 PURCHASED BY THE PETITIONER.** - **EXHIBIT P5 A TRUE COPY OF THE CERTIFICATE OF INSURANCE IN RESPECT OF VEHICLE BEARING CHASSIS NO MC2BCPRFOKF062292.** - **EXHIBIT P6 A TRUE COPY OF THE CERTIFICATE OF INSURANCE IN RESPECT OF VEHICLE BEARING CHASSIS NO MC2BCPRFOKH062846** - **EXHIBIT P7 A TRUE COPY OF THE CERTIFICATE OF INSURANCE IN RESPECT OF VEHICLE BEARING CHASSIS NO MC2BCPRFOKF062425.** - **EXHIBIT P8 A TRUE COPY OF THE CERTIFICATE OF INSURANCE IN RESPECT OF VEHICLE BEARING CHASSIS NO MC2BCPRFOKH062839.** **EXHIBIT P9 A TRUE COPY OF THE TEMPORARY CERTIFICATE OF REGISTRATION DATED 12.03.2020 ISSUED BY THE 5TH RESPONDENT IN RESPECTS OF VEHICLE BEARING CHASSIS NO. MC2BCPRFOKF062292.** **WP(C).No.13274 OF 2020(H) 25 and connected cases** |**EXHIBIT P10**|**A TRUE COPY OF THE TEMPORARY CERTIFICATE OF**| |---|---| ||**REGISTRATION DATED 12.03.2020 ISSUED BY THE**| ||**5TH RESPONDENT IN RESPECT OF VEHICLE**| ||**BEARING CHASSIS NO. MC2BCPRFOKH062846.**| |**EXHIBIT P11**|**A TRUE COPY OF THE TEMPORARY CERTIFICATE OF**| ||**REGISTRATION DATED 12.03.2020 ISSUED BY THE**| ||**5TH RESPONDENT IN RESPECTS OF VEHICLE**| ||**BEARING CHASSIS NO. MC2BCPRFOKF062425.**| |**EXHIBIT P12**|**A TRUE COPY OF THE TEMPORARY CERTIFICATE OF**| ||**REGISTRATION DATED 12.03.2020 ISSUED BY THE**| ||**5TH RESPONDENT IN RESPECTS OF VEHICLE**| ||**BEARING CHASSIS NO. MC2BCPRFOKH062839.**| |**EXHIBIT P13**|**A TRUE COPY OF THE TAX INVOICE DATED**| ||**19.03.2020 ISSUED BY JOSCO AUTOMOBILES IN**| ||**RESPECT OF BODY BUILDING OF VEHICLE BEARING**| ||**CHASSIS NO. MC2BCPRFOKF062292.**| |**EXHIBIT P14**|**A TRUE COPY OF THE TAX INVOICE DATED**| ||**19.03.2020 ISSUED BY JOSCO AUTOMOBILES IN**| ||**RESPECT OF BODY BUILDING OF VEHICLE BEARING**| ||**CHASSIS NO. MC2BCPRFOKH062846.**| |**EXHIBIT P15**|**A TRUE COPY OF THE TAX INVOICE DATED**| ||**23.03.2020 ISSUED BY SUPREME AUTO BUILDERS**| ||**IN RESPECT OF BODY BUILDING OF VEHICLE**| ||**BEARING CHASSIS NO. MC2BCPRFOKF062425.**| |**EXHIBIT P16**|**A TRUE COPY OF THE TAX INVOICE DATED**| ||**23.03.2020 ISSUED BY SUPREME AUTO BUILDERS**| ||**IN RESPECT OF BODY BUILDING OF VEHICLE**| ||**BEARING CHASSIS NO. MC2BCPRFOKH062839.**| |**EXHIBIT P17**|**A TRUE COPY OF THE ONLINE PAYMENT RECEIPT**| ||**DATED 23.03.2020 RESPECT OF VEHICLE BEARING**| ||**CHASSIS NO. MC2BCPRFOKH062846.**| |**EXHIBIT P18**|**A TRUE COPY OF THE ONLINE PAYMENT RECEIPT**| ||**DATED 23.03.2020 IN RESPECT OF VEHICLE**| ||**BEARING CHASSIS NO. MC2BCPRFOKF062425**| |**EXHIBIT P19**|**A TRUE COPY OF THE ONLINE PAYMENT RECEIPT**| ||**DATED 29.04.2020 IN RESPECT OF VEHICLE**| ||**BEARING CHASSIS NO. MC2BCPRFOKH062839.**| **WP(C).No.13274 OF 2020(H) 26** **EXHIBIT P20 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION IN RESPECT OF VEHICLE BEARING REGISTRATION NO KL-41 R 1344. EXHIBIT P21 A TRUE COPY OF THE COMMUNICATION DATED 17.06.2020 ISSUED BY THE 5TH RESPONDENT.** **RESPONDENT'S/S EXHIBITS: NIL** **//TRUE COPY// P.A.TO JUDGE** **WP(C).No.13274 OF 2020(H) 27 and connected cases** ## **APPENDIX OF WP(C) 15757/2020** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE SALE CERTIFICATE ISSUED TO THE PETITIONER DATED 10/03/2020. EXHIBIT P2 TRUE COPY OF THE TEMPORARY REGISTRATION CERTIFICATE OF THE VEHICLE ISSUED BY THE REGISTERING AUTHORITY, ANGAMALY DATED 11/03/2020.** **EXHIBIT P3 TRUE COPY OF THE FORM 22A CERTIFICATE DATED 23/03/2020 ISSUED BY THE BODY BUILDER. EXHIBIT P4 TRUE COPY OF THE PROCEEDING DATED 28/04/2020 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P5 TRUE COPY OF THE INTIMATION DATED 22/05/2020 ISSUED TO THE PETITIONER BY THE LICENSING AUTHORITY.** **EXHIBIT P6 TRUE COPY OF THE APPLICATION FOR REGISTRATION OF VEHICLE SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.** ## **RESPONDENT'S/S EXHIBITS: NIL** **//TRUE COPY// P.A.TO JUDGE** **WP(C).No.13274 OF 2020(H) 28 and connected cases** ## **APPENDIX OF WP(C) 16273/2020** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE LICENCE DATED 1.6.2019 ISSUED TO THE PETITIONER EXHIBIT P2 TRUE COPY OF THE SALE CERTIFICATE ISSUED BY THE DEALER IN FROM 21 DATED 22.2.2020 EXHIBIT P3 TRUE COPY OF THE INSPECTION CERTIFICATE ISSUED BY THE DEALER EXHIBIT P4 TRUE COPY OF THE TEMPORARY REGISTRATION DATED 26.2.2020 EXHIBIT P5 TRUE COPY OF THE LETTER ISSUED BY M/S R.N. AUTOMOTIVE AND REFRIGERATION DATED 18.6.2020 EXHIBIT P6 TRUE COPY OF THE APPLICATION FOR REGISTRATION OF THE VEHICLE IN FORM 20 EXHIBIT P7 TRUE COPY OF THE ORDER DATED 9.6.2020 EXHIBIT P8 TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DATED 28.4.2020** **RESPONDENT'S/S EXHIBITS: NIL** **//TRUE COPY// P.A.TO JUDGE** **WP(C).No.13274 OF 2020(H) 29 and connected cases** ## **APPENDIX OF WP(C) 16335/2020** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE SALE CERTIFICATE ISSUED TO THE PETITIONER DATED 04.03.2020. EXHIBIT P2 TRUE COPY OF THE TEMPORARY REGISTRATION CERTIFICATE OF THE VEHICLE ISSUED BY THE REGISTERING AUTHORITY, ERNAKULAM DATED 06.03.2020. EXHIBIT P3 TRUE COPY OF THE FORM 22A CERTIFICATE ISSUED BY THE BODY BUILDING. EXHIBIT P4 TRUE COPY OF THE PROCEEDING DATED 28.04.2020 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P5 TRUE COPY OF THE INTIMATION DATED 18.05.2020 ISSUED TO THE PETITIONER BY THE LICENSING AUTHORITY. EXHIBIT P6 TRUE COPY OF THE APPLICATION FOR REGISTRATION OF VEHICLE SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENT'S/S EXHIBITS: NIL** **//TRUE COPY// P.A.TO JUDGE** **WP(C).No.13274 OF 2020(H) 30 and connected cases** ## **APPENDIX OF WP(C) 16358/2020** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 PHOTOCOPY OF THE SALE CERTIFICATE DATED 2/1/2020 ISSUED BY M/S.T.V.SUNDRAM IYENGAR AND SONS PVT LTD. TO THE PETITIONER. EXHIBIT P2 PHOTOCOPY OF THE TEMPORARY CERTIFICATE OF REGISTRATION ISSUED TO THE PETITIONER'S VEHICLE BY THE 1ST RESPONDENT DATED 4/1/20. EXHIBIT P3 PHOTOCOPY OF THE TEMPORARY CERTIFICATE OF REGISTRATION ISSUED TO THE PETITIONER'S VEHICLE BY THE 1ST RESPONDENT DATED 28/2/2020. EXHIBIT P4 PHOTOCOPY OF THE CERTIFICATE IN FORM 22-A (PART-I) ISSUED BY M/S.ASHOK LEYLAND LIMITED DATED 30/12/2019. EXHIBIT P5 PHOTOCOPY OF THE CERTIFICATE IN FORM 22-A (PART-II) ISSUED BY M/S.ANAMALLAIS ENGINEERING (P) LIMITED DATED 23/3/2020. EXHIBIT P6 PHOTOCOPY OF THE RECEIPT DATED 30/3/20 EVIDENCING THE REMITTANCE OF FEE FOR PERMANENT REGISTRATION OF THE PETITIONER'S VEHICLE.** ## **RESPONDENT'S/S EXHIBITS: NIL** **//TRUE COPY// P.A.TO JUDGE** **WP(C).No.13274 OF 2020(H) 31 and connected cases** ## **APPENDIX OF WP(C) 16509/2020** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE SALE CERTIFICATE DATED 8.2.2020. EXHIBIT P2 TRUE COPY OF THE TEMPORARY REGISTRATION DATED 10.2.2020. EXHIBIT P3 TRUE COPY OF THE CASH RECEIPT DATED 10.2.2020. EXHIBIT P4 TRUE COPY OF THE COMMUNICATION DATED 19.05.2020.** **RESPONDENT'S/S EXHIBITS: NIL** **//TRUE COPY// P.A.TO JUDGE** **WP(C).No.13274 OF 2020(H) 32 and connected cases** ## **APPENDIX OF WP(C) 16596/2020** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE TAX INVOICE DATED 07.02.2020 ISSUED BY M/S. TV SUNDARAM IYENGAR AND SONS PVT.LTD. KANNUR ON 07.02.2020 ON PAYMENT OF PRICE OF RS.22,50,000/EXHIBIT P2 TRUE COPY OF THE TEMPORARY REGISTRATION CERTIFICATE ISSUED BY THE RTO, KANNUR RELATING TO THE VEHICLE MENTIONED IN EXHIBIT P1. EXHIBIT P3 TRUE COPY OF THE CERTIFICATE ISSUED BY M/S. KAT ENGINEER, VADAKKUMPURAM AT NORTH PARUR ON 18.03.2020 CERTIFYING FABRICATION OF TANKER LORRY BODY ON THE VEHICLE MENTIONED IN EXHIBIT P1. EXHIBIT P4 TRUE PHOTOGRAPH OF THE TANKER LORRY MENTIONED IN EXHIBIT P1 AND P2 AFTER FABRICATION OF BODY. EXHIBIT P5 TRUE COPY OF THE RECEIPT DATED 30.04.2020 BY THE 1ST RESPONDENT TOWARDS MOTOR VEHICLE TAX AND OTHER CHARGES IN CONNECTION WITH THE PERMANENT REGISTRATION OF THE VEHICLE MENTIONED IN EXHIBIT P2. EXHIBIT P6 TRUE COPY OF THE APPLICATION FOR PERMANENT REGISTRATION OF THE VEHICLE MENTIONED IN EXHIBIT P2.** **EXHIBIT P7 TRUE COPY OF THE APPLICATION STATUS PENDING BEFORE THE 1ST RESPONDENT'S OFFICE RELATING TO THE PERMANENT REGISTRATION OF THE VEHICLE MENTIONED IN EXHIBIT-P2. EXHIBIT P8 TRUE COPY OF THE COMMUNICATION DATED 30.03.2020 ISSUED BY THE 3RD RESPONDENT.** **WP(C).No.13274 OF 2020(H) 33 and connected cases** **EXHIBIT P9 TRUE COPY OF THE EMAIL COMMUNICATION DATED 23.06.2020 ISSUED BY M/S.INDIAN OIL CORPORATION, KOZHIKODE IN THE NAME OF THE PETITIONER.** ## **RESPONDENT'S/S EXHIBITS: NIL** **//TRUE COPY// P.A.TO JUDGE**