Kerala High Court
Balagopala Menon vs The Regional Transport Officer ... on 6 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
&
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
TUESDAY, THE 6TH DAY OF JULY 2021 / 15TH ASHADHA, 1943
RP NO. 421 OF 2021
AGAINST THE JUDGMENT IN WA 603/2021 OF HIGH COURT OF KERALA,
ERNAKULAM
REVIEW PETITIONER/APPELLANT IN W.A
BALAGOPALA MENON
AGED 67 YEARS
S/O.KMK MENON, R/O.19C,
SKYLINE IRIS GARDEN VILLA
MUNDUPALAM AVENUE ROAD
THRISSUR, KERALA-680006
BY ADVS.
P.A.AUGUSTIAN
SWATHY E.S.
RESPONDENT/RESPONDENT IN W.A:
THE REGIONAL TRANSPORT OFFICER (REGISTERING
AUTHORITY), AYYANTHOLE, THRISSUR-680003
G.P-SRI.RENIL ANTO KANDAMKULATHY
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
06.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
R.P.421/2021 in W.A.603/2021 2
ORDER
Murali Purushothaman, J.
This Review Petition is filed by the writ petitioner/appellant to
review the judgment dated 31.05.2021 passed by this Court in W.A.
No. 603 of 2021.
2. The fancy number KL 8/BV-0900 allotted to the Mercedes
Benz Motor Car of the petitioner in auction by the Registering
Authority as per Ext.P4 proceedings was cancelled by the said
authority as the petitioner failed to produce the vehicle for
registration within five days from 23.3.2020, as stipulated therein.
The lapsed number KL 8/BV-0900 was allotted to one Smt.Preetha
P.V by auction and the petitioner was allotted a general number. The
petitioner, therefore, filed the writ petition for direction to the
Registering Authority to assign Reg.No.KL 8/BV-0900 to the
petitioner's vehicle, as allotted in Ext.P4 proceedings. The learned
Single Judge dismissed the writ petition finding that the petitioner
had produced the vehicle after the stipulated time and he has not
impleaded Smt.Preetha P.V to whom the number has been allotted
and has not amended the prayers in the writ petition to challenge the
allotment made to Smt.Preetha P.V. The writ appeal filed against
the said judgment was dismissed by us by judgment dated
31.5.2021 confirming the judgment of the learned Single Judge.
Now, the review petition is filed seeking review of the judgment in
the writ appeal and the sole ground stated therein is as follows:-
"A. That as per Annexure-II letter, the period of
producing the vehicle in all such cases were 5 days period is
given after allotment of fancy number is extended up to
30.06.2021 based on the period extended by Central
Government due to Covid-19 situation. Hence the Review
petitioner is entitled for fancy number of his choice even
now."
3. Annexure-II is a communication dated 13.4.2021 issued by
the Transport Commissioner to the officers of the Motor Vehicles
Department wherein it is stated that in view of COVID 19
pandemic, the period for production of vehicle for the purpose of
fancy number has been extended upto 30.6.2021. Accordingly, the
petitioner has made Annexure-III complaint before the Transport
Commissioner requesting to issue suitable instruction to RTO,
R.P.421/2021 in W.A.603/2021 4
Thrissur to allow the petitioner to apply for a 'fresh fancy number of
his choice at least among the available fancy number and to
withdraw the number already allotted to him'.
4. We have heard the learned counsel for the review
petitioner.
5. It is to be noted that the writ petition as well as the writ
appeal was dismissed taking note of the fact that the petitioner had
not produced the vehicle within the stipulated time and he has not
impleaded Smt.Preetha P.V to whom the number has been allotted
and has not amended the prayers in the writ petition to challenge the
allotment made to Smt.Preetha P.V. Now, the petitioner has come
up with Annexure-II issued subsequently contending that since the
period for production of vehicle for the purpose of fancy number
has been extended upto 30.06.2021, he is entitled to fancy number
of his choice.
6. The following facts are not in dispute. (i) The petitioner did
not produce the vehicle for registration within the period stipulated
in Ext.P4. (ii) The lapsed Reg.No. KL 8/BV-0900 is allotted to
R.P.421/2021 in W.A.603/2021 5
another person by name Smt.Preetha P.V. (iii) The petitioner was
allotted a general registration number.
7. There is no challenge to the allotment made to Smt.Preetha
P.V. in the writ petition. The sole prayer in the writ petition is to
assign Reg.No. KL 8/BV-0900 to the petitioner's vehicle. Even if
Annexure II was pressed into service and the contentions based on
the same are assumed to be valid, the petitioner could not be
granted the relief sought for, as the petitioner has not challenged the
allotment made to Smt.Preetha P.V. in the writ petition. It is
considering the same the writ petition as well the writ appeal were
dismissed by this Court. Further, in Annexure-III complaint before
the Transport Commissioner, the petitioner has practically given up
the claim for Reg.No. KL 8/BV-0900 and has requested for fresh
fancy number of his choice at least from among the available fancy
numbers and to withdraw the number already allotted to him. This
was not the prayer in the writ petition and was not the subject
matter of the writ petition and the writ appeal. We do not want to
express any views on the said request in Annexure-III.
R.P.421/2021 in W.A.603/2021 6
After going through the Review Petition, we could not find
any ground made out to apply for a review of the judgment. We do
not find any error apparent on the face of the records or any other
sufficient reasons to review the same. The review petition is,
accordingly, dismissed.
Sd/-
C.T.RAVIKUMAR
JUDGE
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
R.P.421/2021 in W.A.603/2021 7
PETITIONER'S ANNEXURES:
ANNEXURE I:CERTIFIED COPY OF THE JUDGMENT DATED 31.05.2021
IN W.A.NO.603/2021.
ANNEXURE II:TRUE COPY OF THE LETTER DATED 13.04.2021 ISSUED
BY KERALA STATE MOTOR TRANSPORT COMMISSIONER
ANNEXURE III:TRUE COPY OF THE LETTER DATED 17.04.2021 WITH
ACKNOWLEDGEMENT
spc/
