Karuvanthodi Muhammedrabeeh vs The State Of Kerala
2023 Latest Caselaw 6058 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
        FRIDAY, THE 9TH DAY OF JUNE 2023 / 19TH JYAISHTA, 1945
                       WP(C) NO. 10981 OF 2014
PETITIONER:

            KARUVANTHODI MUHAMMED RABEEH
            S/O. FASALULLAH, KUTTASSERI KULAMBA,
            CHATTIPARAMBA .P.O., KODUR,
            MALAPPURAM DISTRICT-676504.
            BY ADV SRI.SAJU J.VALLYARA


RESPONDENTS:

    1       THE STATE OF KERALA
            REPRESENTED BY ITS SECRETARY,
            DEPARTMENT OF TRANSPORTS, SECRETARIAT,
            THIRUVANANTHAPURAM-695001.
    2       THE REGISTERING AUTHORITY
            (REGIONAL TRANSPORT OFFICER),
            MALAPPURAM-676505.



            SMT. MARY BEENA JOSEPH -SENIOR GOVERNMENT PLEADER



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P. (C) No.10981 of 2014
                                           2




                                     JUDGMENT

The writ petition is filed challenging the amendment

brought to Rule 95 of the Kerala Motor Vehicles Rules, 1999,

amended vide Ext.P4 G.O.(P) No.3/2011/Tran dt.25.01.2011

and published as SRO No.77/2011 allotment of fancy number

to the old vehicles. In similar matters viz; W.P.(C)

No.14894/12 and connected cases, this Court has held that

"Rule 95 of the Kerala Motor Vehicles Rules enables reservation

of fancy registration mark only for the registration of new

motor vehicles under Section 39 of the Act. After the

amendment w.e.f. 15.10.2015, it is possible to register such

vehicles bought from other State under Section 47 of the Act

to obtain a fancy registration. There is no other enabling

provisions to seek fancy registration number prior to

amendment". Since this writ petition was filed prior to 2015,

this writ petition is to be dismissed following the judgment in W.P. (C) No.10981 of 2014

R.V.Abdul Latheef v. State of Kerala and Others

[2016:KER:55044].

Accordingly, the writ petition is dismissed.

Sd/-

SHOBA ANNAMMA EAPEN JUDGE

SMF W.P. (C) No.10981 of 2014

APPENDIX OF WP(C) 10981/2014

PETITIONER EXHIBITS EXHIBIT P1 PHOTOCOPY OF THE APPLICATION DATED 4-3-

2014 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR ASSIGNMENT OF NEW REGISTRATION.

EXHIBIT P2 PHOTOCOPY OF THE TAX TOKEN ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT P3 PHOTOCOPY OF THE REQUEST DATED 7-3-2014 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P4 PHOTOCOPY OF THE NOTIFICATION VIDE GO (P) NO.3/2011/TRAN. DATED 25-01-2011 AND PUBLISHED AS SRO NO.77/2011.

//TRUE COPY// PA TO JUDGE