WP(C) No.18619/2022 1/6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
Tuesday, the 14th day of June 2022 / 24th Jyaishta, 1944
WP(C) NO. 18619 OF 2022 (B)
PETITIONER:
KERALA STATE USED VEHICLE DEALERS & BROKERS ASSOCIATION,
REG.NO.C.A.292/07, 27/509(7), VAHANABHAVAN, NURANI JUNCTION,
PALAKKAD DISTRICT,PIN - 678004
REPRESENTED BY ITS GENERAL SECRETARY, V.M.THOMAS @ SONY
VALIYAKATTIL,
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY (TRANSPORT),
SECRETARIAT, PALAYAM.P.O, THIRUVANANTHAPURAM DISTRICT, PIN - 695001
2. UNION OF INDIA, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT
BHAVAN, NEW DELHI, REPRESENTED BY THE SECRETARY, PIN - 110001
3. THE SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT
BHAVAN, NEW DELHI PIN - 110001
4. THE SECRETARY, DEPARTMENT OF TRANSPORT, GOVERNMENT OF KERALA,
SECRETARIAT, PALAYAM.P.O, THIRUVANANTHAPURAM DISTRICT, PIN - 695001
5. THE TRANSPORT COMMISSIONER, OFFICE OF THE TRANSPORT COMMISSIONER,
2ND FLOOR, TRANS TOWERS. VAZHUTHACAUD, THYCAUD P.O.,
THIRUVANANTHAPURAM, PIN - 695014
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay the direction in Exhibit P2 to collect additional fee of
Rs.300/- per month for two wheelers and Rs.500/- for other class of non-
transport vehicles for delay for renewal of registration and additional
fee of Rs.50/- per day of delay in renewal of certificate of fitness after
expiry of certificate of fitness levied as per rule 81 of the Central
Motor Vehicle (23rd amendment) Rules, 2021, pending disposal of the Writ
Petition (Civil).
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.DINESH MATHEW J.MURICKEN, K.A.ABHILASH, VINOD S. PILLAI, MOHAMMED
THAYIB N.M., NAYANA VARGHESE, AHAMMAD SACHIN K. & K.S.SANGEETHA (KOOMBEL),
Advocates for the petitioner, SRI.P.SANTHOSH KUMAR, SPECIAL GOVERNMENT
PLEADER for R1, R4 & R5 and of SRI.S.MANU, ASSISTANT SOLICITOR GENERAL OF
INDIA for R2 & R3, the court passed the following:
(p.t.o)
WP(C) No.18619/2022 2/6
AMIT RAWAL, J.
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W.P.(C) No.18619 of 2022
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Dated this the 14th day of June, 2022
ORDER
Petitioner, who is an Association registered under Travancore Cochin Literary Scientific and Charitable Societies Registration Act, 1955 and dealing with the sale and purchase of old cars, through the instant writ petition have assailed the 23rd amendment caused in Central Motor Vehicles Rule, 2021 whereby under the Rule 81 an additional fees over and above the prescribed fees for renewal of the registration of the vehicle has been introduced. It is contended that the said condition is inconsistent and contrary to the provisions of Section 211 of the Central Act which does not empower the Government to frame the rules for charging additional fees. Similar amendment was caused in the Central Motor Vehicle Rules in 2016, which was challenged in the Madras High Court and vide judgment dated 3.4.2017, Ext.P4 said rule was struck down. Though an S.L.P bearing No.23648 of 2017 is pending but there is no interim stay. Similar amendment of 2016 was also challenged in this Court vide W.P.(C) No.4911 of 2018 and vide order dated 4 th April WP(C) No.18619/2022 3/6 W.P.(C) No.18619 of 2022 2 2018, as an interim measure respondents were directed to accept the application for renewal of certificate of registration without insisting on the payment of additional fee. It is therefore prayed that during the pendency of the writ petition there should be an interim order in the same terms till the controversy of charging the additional fees is settled in the pending S.L.P as the rules in existence, by way of previous amendment are pari materia.
2. Issue notice before admission. Special Government Pleader Sri.P. Santhosh Kumar takes notice for R1, R4 and R5. Sri.S.Manu for ASGI takes notice for R2 and R3.
3. Learned Government Pleader submits that petitioner has no locus standi to file a writ petition as they are not affected party being the dealers. It is the person who would submit a fees for seeking renewal of the registration, would only have a cause of action when being confronted with the additional fees. Moreover the State of Kerala has already implemented Rule 81 introduced by amendment as per the notification dated 4.10.2021 with effect from 1.4.2022 as per the contents of the letter issued by the 5 th respondent, Ext.P2 and additional fees is being levied as and when such applications for renewal of the certificates are received and entertained; thus opposed the interim prayer.
WP(C) No.18619/2022 4/6 W.P.(C) No.18619 of 2022 3 The contention of the counsel prima facie appears to be just and equitable for the reason that even the dealers would have a cause of action to file the petition as for making the livelihood they purchase the car from an original owner and retain it for some time to fetch an appropriate price by selling it in open market. During the interregnum, with the introduction of the amendment in the Rule 81 and the period of registration of the vehicle such owners, expired condition of additional fees is fastened and burdened on such dealers. Since the matter is already pending adjudication in Supreme Court with no interim stay and previous amendment viz-a- viz the present amendment are pari materia introducing charging of additional fees for renewal of the registration. By looking at the provisions of Section 211 of the MV Act, there is no power for imposition of additional fees as the expression used is 'levy and fees'. The expression 'additional' whether would fall within the definition of fees or not, in my view, is the subject matter of the pending S.L.P. In this view of the matter, I deem it appropriate to grant interim relief by directing the all RTOs in the State of Kerala to accept the application for renewal of the certificate of registration without insisting for additional fees with an undertaking from any applicant to pay the additional fees in case the decision WP(C) No.18619/2022 5/6 W.P.(C) No.18619 of 2022 4 rendered by the Supreme Court is against them. Registry is directed to group the connected cases. Post on 26.9.2022.
sd/-
sab AMIT RAWAL, JUDGE
sa/131219sassssabs10.
14-06-2022 /True Copy/ Assistant Registrar
WP(C) No.18619/2022 6/6
APPENDIX OF WP(C) 18619/2022
Exhibit P2 TRUE COPY OF THE LETTER ISSUED BY THE 5TH RESPONDENT TO
Exhibit P4 THE REGIONAL TRANSPORT OFFICERS DATED 22.03.2022
TRUE COPY OF THE COMMON ORDER IN WPC NO 1598/18 AND CONNECTED CASES PASSED BY THE HIGH COURT OF MADRAS DATED 03.04.2017