Mohammed Hussain.U.P vs Union Territory Of Lakshadweep
2021 Latest Caselaw 3305 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

              THE HONOURABLE MR. JUSTICE SUNIL THOMAS

      FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942

                     WP(C).No.27029 OF 2020(C)


PETITIONER:

              MOHAMMED HUSSAIN.U.P
              AGED 46 YEARS
              S/O. A.B.KUNHIKOYA, UMMATHA BIYYAPURA, ANDROTH
              ISLAND, UNION TERRITORY OF LAKSHADWEEP, PIN-682551.

              BY ADVS.
              SRI.A.A.ZIYAD RAHMAN
              SRI.LAL K.JOSEPH
              SRI.SURESH SUKUMAR
              SRI.ANZIL SALIM
              SHRI.CHACKO MATHEWS K.

RESPONDENT:

      1       UNION TERRITORY OF LAKSHADWEEP
              REPRESENTED BY ITS ADMINISTRATOR, ADMINISTRATION OF
              UNION TERRITORY OF LAKSHADWEEP , SECRETARIAT,
              KAVARATTI-682555.

      2       THE ROAD TRANSPORT OFFICER,
              DEPARTMENT OF ROAD TRANSPORT, UNION TERRITORY OF
              LAKSHADWEEP, KAVARATTI-682555.

      3       THE MOTOR VEHICLES INSPECTOR,
              DEPARTMENT OF ROAD TRANSPORT, UNION TERRITORY OF
              LAKSHADWEEP, KAVARATTI-682555.

      4       THE REGISTERING AUTHORITY,
              DEPARTMENT OF ROAD TRANSPORT, SUB DIVISION OFFICE,
              ANDROTH, UNION TERRITORY OF LAKSHADWEEP, PIN-682551.

              R1 BY ADV. MANU S., SCGC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.27029 OF 2020(C)
                                   2




                            JUDGMENT

Dated this the 29th day of January 2021

The prayer sought by the petitioner in the writ

petition who has purchased a vehicle bearing registration

No.DN-09 Q 1082 is that, the vehicle stands registered

under the registering authority of Silvassa, Union

Territory of Dadra and Nagar Haveli. He wanted to take

the vehicle to Androth to present it for registration.

However, on account of the restrictions due to COVID 19

pandemic the vehicle could not be taken to the Island of

Androth. Fourth respondent before whom the vehicle is

to be registered has rightly insisted for the physical

production of the vehicle.

2. When the matter was taken up the learned

Counsel for the petitioner submitted that, though COVID

19 restrictions were relaxed and though he applied for

taking the vehicle by ship, the request was rejected due

to the revival of COVID 19 restrictions. WP(C).No.27029 OF 2020(C)

3. The learned Central Government Standing

Counsel submitted that unless the vehicle is taken to

Androth it cannot be registered there and no other

authority is competent to verify it.

4. Having considered this and considering the

peculiar circumstances, I am inclined to dispose of the

writ petition directing that as and when the vehicle is

produced immediately after the COVID 19 restrictions are

lifted or relaxed, it may be registered if the application is

otherwise in order. The delay that has occurred in the

interregnum shall be taken note of and a lenient view be

taken in registering it, since the delay occurred due to

reasons beyond the control of the petitioner.

The writ petition is disposed of.

Sd/-

SUNIL THOMAS

JUDGE

SKP/29-1 WP(C).No.27029 OF 2020(C)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE SAID VEHICLE, DATED 2.5.2018.

EXHIBIT P2 TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 21.8.2020 ISSUED BY THE DEPARTMENT OF TRANSPORT, SILVASSA.

EXHIBIT P3 TRUE COPY OF THE COMMUNICATION DATED 15.11.2020.

EXHIBIT P4 TRUE COPY OF THE COMMUNICATION DATED 26.11.2020.

EXHIBIT P5 TRUE COPY OF THE COVERING LETTER DATED 27.11.2020.

EXHIBIT P5(A) TRUE COPY OF THE COVERING LETTER DATED 27.11.2020 AND THE REPORT FORWARDED ALONG WITH THE SAME PREPARED BY THE ASSISTANT MOTOR VEHICLE INSPECTOR, SUB REGIONAL TRANSPORT OFFICE, MATTANCHERY DATED 27.11.2020.

RESPONDENTS'S EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE