Balagopala Menon vs State Of Kerala
2021 Latest Caselaw 17463 Ker

W.P(C).15228/2021
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              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR. JUSTICE SUNIL THOMAS
    THURSDAY, THE 26TH DAY OF AUGUST 2021 / 4TH BHADRA, 1943
                       WP(C) NO. 15228 OF 2021
PETITIONER/S:

             BALAGOPALA MENON, AGED 67 YEARS
             S/O. KMK MENON, R/O. 19C, SHYLINE IRIS GARDEN VILLA,
             MUNDUPALAM AVENUE ROAD, THRISSUR, KERALA-680006.

            BY ADV P.A.AUGUSTIAN


RESPONDENT/S:

     1       STATE OF KERALA,
             REPRESENTED BY THE TRANSPORT COMMISSIONER, MOTOR
             VEHICLE DEPARTMENT, 2ND FLOOR, TRANS TOWERS,
             VAZHUTHAKKADU, THIRUVANANTAHAPURAM-14.

     2       THE REGIONAL TRANSPORT OFFICER,
             (REGISTERING AUTHORITY), CIVIL STATION, AYYANTHOLE,
             THRISSUR-680003.

     3       THE SECRETARY,
             MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, PARIVAHAN
             BHAVAN, PARLIAMENT STREET, NEW DELHI-110001.

     4       DEPUTY DIRECTOR GENERAL AND STATE INFROMATICS
             OFFICER,
             NATIONAL INFORMATIC CENTRE, KERALA STATE CENTRE,
             CDAC BUILDING, VELLAYAMBALAM, THIRUVANANTHAPURAM-
             695033.

     5       PREETHA M.V.,
             D/O. SUDEVAN P.V., R/O. PONGANAMOOLA HOUSE,
             THEKKUMPADAM, PATTIKKAD P.O., PEECHI, THRISSUR-
             680652.

            BY ADV T.C.SOWMIAVATHY
 W.P(C).15228/2021
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OTHER PRESENT:

             ASG SRI.P.VIJAYAKUMAR, GP SRI.V.VENUGOPAL




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   26.08.2021,    THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P(C).15228/2021
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                             JUDGMENT

Petitioner purchased a car on 17.03.2020 and applied for

allotment of a fancy number. By Ext.P1 dated 23.03.2020, second

respondent informed that the fancy number was reserved for him on

payment of entire auction amount and directed the petitioner to

produce the vehicle within 5 days for registration. According to the

petitioner, in the meanwhile, on 24.03.2020, national lock down was

declared by the Government and hence, he could not produce the

vehicle. Thereafter, vehicle was produced on the next day of the

starting functioning of the office and after inspection on 21.05.2020,

he was allotted a normal number and refused to assign the allotted

fancy number stating that the petitioner did not produce the vehicle

within the time stipulated by the authority.

2. It seems that, by Exts.P7, P8 and P12, authority has

extended the period for production of vehicle and as per such orders,

petitioner is eligible for fancy number. He approached this Court by

filing W.P(C). 12046 of 2020 with a prayer to allot to him, the fancy

number which was booked by him. It was dismissed by the learned

Single Judge on the premise that since the petitioner did not produce

vehicle within time, number was allotted to another applicant.

Learned Single Judge declined to grant the relief sought. This was

confirmed by the Division Bench in Ext.P10 judgment. W.P(C).15228/2021

3. The legality and correctness of Ext.P13 is assailed in the

Writ Petition. The request was vehemently opposed by the learned

Government Pleader, who submitted that the Division Bench has

specifically taken note of the fact that, time for production of the

vehicle had expired and hence, he was not entitled for the benefit. It

is seen that the petitioner has come up before this Court on a slightly

different request. Further, in the light of Ext.P10, the issue of allotting

the fancy number covered by Ext.P1 is concluded. However, notice

was ordered in the Writ Petition to ascertain whether he is ready to

accept any other fancy number available at present. The petitioner,

through his counsel agreed to accept any other fancy number

available. However, this option was also vehemently opposed by the

learned Government Pleader on the ground that the petitioner has

been assigned another number generated through Parivahan portal.

It is recorded in the portal with reference to the Engine number and

Chasis number. Hence, no change can be effected by the respondents

1 and 2. The learned ASG submitted that, respondents 3 and 4 have

no role in the allotment of registration numbers.

4. Even assuming that, there were some latches on the part of

the petitioner, it is not clear whether, it occurred due to misconception

of facts or whether there was a communication gap. It is also to be

taken note that the petitioner had booked the fancy number and was

bonafide waiting for it. It cannot be presumed that, one person, after W.P(C).15228/2021

having taken pains of registering it and waiting for it will remain idle

and invite adverse situations. However, the relief originally sought and

refused by the Division Bench cannot be granted now.

5. Having considered the entire facts, I am inclined to dispose

of the Writ Petition with a direction that the petitioner shall now opt

for a new fancy number, which is available, as per Rules, within a

period of 10 days from the date of receipt of a copy of this judgment,

with the first and second respondents and communicate to them.

After choosing the fancy number and after allotting the number in

accordance with the Rules and payment of prescribed fees, if any, first

and second respondents shall issue fresh registration number to the

petitioner with intimation to the fourth respondent, who shall make

necessary entries on the website of e-vahan portal. The fourth

respondent shall cooperate with first and second respondents in

complying with these directions and enable the first and second

respondents to make necessary changes.

Writ Petition is disposed of accordingly.

Sd/-

SUNIL THOMAS JUDGE Sbna/ W.P(C).15228/2021

APPENDIX OF WP(C) 15228/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER DATED 23/03/2020 ISSUED BY RESPONDENT NO.2.

Exhibit P2 TRUE COPY OF THE NOTICE DATED 06/06/2020 ISSUED BY THE PETITIONER.

Exhibit P3 TRUE COPY OF THEORDER DATED 09/06/2020 ISSUED BY THE 3RD RESPONDENT.

Exhibit P4 TRUE COPY OF THE STATEMENT FILED BY RESPONDENT NO.2 ON 26/06/2020.

Exhibit P5 TRUE COPY OF THE REPLY AFFIDAVIT FILED BY PETITIONER ON 14/08/2020.

Exhibit P6 TRUE COPY OF THE JUDGMENT IN WPC 12046/2020 DATED 11/02/2021.

Exhibit P7 TRUE COPY OF THE LETTER NO. RT-11036/35/2020-

MVL DATED 26/03/2021.

Exhibit P8 TRUE COPY OF THE LETTER DATED 13/04/2021 ISSUED BY R1.

Exhibit P9 TRUE COPY OF THE LETTER DATED 17/04/2021 SUBMITTED BY THE PETITIONER.

Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 31/05/2021 IN WA NO.603/2021.

Exhibit P11 TRUE COPY OF THE ORDER DATED 06/07/2021 IN RP NO.421/2021.

Exhibit P12 TRUE COPY OF THE LETTER NO. RT-11036/35/2020-

MVL DATED 17/06/2021 ISSUED BY THE DIRECTOR (MVL), MINISTRY OF ROAD TRANSPORT OF HIGHWAYS.

Exhibit P13 TRUE COPY OF THE ORDER DATED 22/07/2021 ISSUED BY R1