The Kerala High Court observed that Section 43 of the Motor Vehicles Act, 1988 (hereinafter referred to as “Act”) provides for a temporary certificate of registration along with a registration mark as prescribed by the Central Government.
The term “registration” includes both temporary and permanent registration. Moreover, the Court held that it will be prima facie discriminatory if those who want a number of their choice have to wait before they can ply their vehicle. Hence, the High Court allowed plying of the vehicle based on a temporary permit.
Brief Facts:
The Petitioner purchased a brand-new motor car from an authorized distributor who is Respondent No. 2. For the number plate of the said car, the Petitioner wanted ‘5252’ only as that is the Petitioner’s favourite number and at the same time this number is also used by the Husband and Daughter of the Petitioner.
The said number would be available for bidding after 3 months. The Petitioner has already paid the one-time motor vehicle tax and got an insurance policy as well.
Despite purchasing the vehicle and clearing out all dues, the Petitioner did not receive the delivery of the vehicle as Respondent No. 1 instructed that the said vehicle has a temporary registration number and therefore, the vehicle cannot be used on the road.
Therefore, the present petition is filed by the Petitioner.
Observations of the Court:
It was noted that the temporary registration of a number is provided in Section 43 of the Act. Respondent No. 1 contended that the delivery of the vehicle can only be done once the permanent registration is done as per the second proviso to Section 41(1).
The Court observed that Section 43 provides for a temporary certificate of registration along with registration marks as prescribed by the Central Government. The term “registration” includes both temporary and permanent registration.
The High Court noted that prima facie reading of the provisions together shows that the delivery of a motor vehicle can be done based on a temporary certificate of registration.
The Kerala High Court opined that it is prima facie discrimination if those who want a number of their choice have to wait before they can ply their vehicle.
The decision of the Court:
Observing that the Petitioner has a great family bonding with the family for getting their favourite number to her vehicle and the above reasons, the Bench ordered for the delivery of the said vehicle to the Petitioner and allowed the Petitioner to ply the vehicle based on a temporary permit.
Case Title: Praicy Joseph v. Regional Transport officer & Anr.
Coram: Hon’ble Mr. Justice P.V. Kunhikrishnan
Case No.: WP(C) No. 37193 of 2022 (Y)
Advocates for Petitioner: M/S. P. Deepak & Nazrin Banu
Advocates for Respondent: Government Pleader
Read Judgment @LatestLaws.com
Picture Source :
