Sajid.P.S vs Ministry Of Road Transport
2021 Latest Caselaw 4072 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

            THE HONOURABLE MR. JUSTICE SUNIL THOMAS

   THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942

                    WP(C).No.1818 OF 2021(B)


PETITIONER/S:

            SAJID.P.S.,
            S/O. SHAHUL HAMEED P.A,
            PUTHUPARAMBIL, G-A, HOLY CREST , SAAB ESTATE,
            CSEZ P.O, KAKKANAD, COCHIN 37.

            BY ADVS.
            SRI.PRAKASH P.GEORGE
            SRI.SADER E.REAZ
            SMT.JEENA ANNIE JOSEPH

RESPONDENT/S:

      1     MINISTRY OF ROAD TRANSPORT
            TRANSPORT BHAWAN, SANSAD MARG,
            NEW DELHI , PIN-110 001

      2     NATIONAL INFOMATIC CENTRE,
            A-BLOCK, LODHI ROAD, CGO COMPLEX,
            NEW DELHI, PIN-110 003

      3     NATIONAL INFOMATIC CENTRE,
            CDAC BUILDING, KELTRON COMPOUND, MANAVEEYAM ROAD,
            NANDAVANAM, VELLAYAMBALAM,
            THIRUVANANTHAPURAM, PIN-695 033

      4     THE TRANSPORT COMMISSIONER,
            OFFICE OF THE TRANSPORT COMMISSIONER, 2ND FLOOR,
            TRANS TOWER, C.V. RAMANPILLA ROAD,
            DPI, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014

      5     THE REGIONAL TRANSPORT OFFICER,
            OFFICE OF THE REGIONAL TRANSPORT OFFICER,
            COLLECTORATE, KAKKANAD P.O,
            ERNAKULAM DISTRICT-682 037

            R1TO R 3 BY SMT.MINI GOPINATH, CGC
            R4 AND R5 SR.G.P.K.P.HARISH


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1818 OF 2021(B)
                                       2




                              JUDGMENT

The petitioner purchased a Ford-Aspire 1.5 D

TITANIUM, MT BS IV car on 27.02.2020 by paying the

necessary amounts for registration charges, temporary

registration charge etc. The details of the vehicle were

uploaded in E-Vaahan Portal on 31.03.2020 during the

lock-down period. The application number was

generated, evidenced by Ext.P4. As per the norms of

the Government of India, the cut off date for registering

BS-IV vehicle in India was up to 31.03.2020. According

to the petitioner, due to Covid-19 pandemic and the

lock-down following it, the time was extended

thereafter. Since the cut off date for registering BS-IV

vehicles happened to be during lock-down period,

petitioner's dealer could not even take temporary

registration. Since the cut off date for registration of

BS-IV vehicle is over, the dealer could not proceed

further for the registration of the vehicle. The petitioner

now relies on the decision of the Hon'ble Supreme Court WP(C).No.1818 OF 2021(B)

as evident from Ext.P6.

2. The learned senior Government Pleader as

well as the learned ASG submitted that though the

details were uploaded through E-Vaahan Portal before

the cut off date. The process could not be completed,

due to lack of further details not uploaded on the Portal.

It was completed according to the learned senior

Government Pleader as well as the ASG later.

3. The dispute seems to whether Ext.P6

judgment of the Hon'ble Supreme Court will stand to

the help of the petitioner in this case. The Hon'ble

Supreme Court had clarified that the sale and

registration of BS-IV vehicle shall not be allowed after

31.03.2020. The Supreme Court also clarified that the

Hon'ble Supreme Court 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 Government. However, in the

case of those vehicles whose sale have been made and WP(C).No.1818 OF 2021(B)

uploaded on the E-Vaahan Portal before the said date

their registration during the lock-down period will be

made.

4. The materials on record indicate that the sale

details were entered into and the dealer entered the

essential details on 31.03.2020. However, the further

details could be made available only thereafter. Having

considered this, I feel that there has been substantial

compliance and sale has been brought on record as on

31.03.2020. Hence the benefit of the Hon'ble Supreme

Court will enure to his benefit. Having considered this, I

am inclined to direct the second and third respondents,

to make available the E-Vaahan Portal as enabled, the

petitioner/dealer to complete the process of registration.

If the process is complete on particulars and if the

application is found to be otherwise in order, the fifth

respondent shall proceed with the registration in

accordance with law. The process shall be completed as

expeditiously as possible, at any rate, within a period of WP(C).No.1818 OF 2021(B)

four weeks from the date of receipt of a copy of this

judgment.

Accordingly, the Writ Petition is disposed of.

Sd/-

SUNIL THOMAS, JUDGE

R.AV WP(C).No.1818 OF 2021(B)

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE TAX INVOICE DATED 27.02.2020.

EXHIBIT P2 TRUE COPY OF THE FORM 20, THE APPLICATION FOR REGISTRATION OF MOTOR VEHICLE, WHICH WAS UPLOADED IN THE E VAAHAN PORTAL

EXHIBIT P3 TRUE COPY OF THE FORM NO. 21, SALE CERTIFICATE OF THE PETITIONER'S VEHICLE.

EXHIBIT P4 TRUE COPY OF THE COMPUTER PRINTOUT OF DISCLAIMER REPORT FROM RTO, ERNAKULAM EVIDENCING THE PAYMENTS MADE BY THE PETITIONER FOR REGISTRATION OF THE VEHICLE WHICH WAS UPLOADED IN THE E-VAAHAN PORTAL SHOWING THE APPLICATION NUMBER KL 20033195272463.

EXHIBIT P5 TRUE COPY OF THE INSURANCE POLICY OF THE VEHICLE WITH POLICY NO.

442000/31/2020/33359 FOR THE PERIOD FROM 21.3.2020 TO 20.03.2021.

EXHIBIT P6 TRUE COPY OF THE ORDER OF THE HON'BLE SUPREME COURT OF INDIA, DATED 13.8.2020.

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 14.12.2020 SUBMITTED BY THE PETITIONER BEORE THE 5TH RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE RECEIPT DATED 16.12.2020 ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT REGARDING THE ACCEPTANCE OF EXT. P7 REPRESENTATION.

    RESPONDENT'S/S EXHIBITS        NIL