Rahul.G vs The Registration Authority
2023 Latest Caselaw 11496 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
   WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023 / 17TH KARTHIKA, 1945
                       WP(C) NO. 30170 OF 2023
PETITIONER:

          RAHUL G.,
          AGED 29 YEARS,S/O. GIRI C. K.,
          CHAMAKKALA HOUSE, KONGORPILLY P. O.,
          KOONANMAVU, ERNAKULAM, PIN - 683518.

          BY ADVS.
              SRI. K. N. ABHILASH
              SRI. SUNIL NAIR PALAKKAT



RESPONDENTS:

    1     THE REGISTRATION AUTHORITY,
          SUB REGIONAL TRANSPORT OFFICE, PERIYAR NAGAR,
          ALUVA, ERNAKULAM, PIN - 682101.

    2     THE SECRETARY,
          MOTOR VEHICLES DEPARTMENT, TRANS TOWERS,
          VAZHUTHACADU, THIRUVANANTHAPURAM, PIN - 695014.

          BY ADV.
             SRI. JOBY JOSEPH - GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
      WP(C) NO. 30170 OF 2023

                                       2


                  DINESH KUMAR SINGH, J.
                          --------------------------
                    W.P.(C) No.30170 of 2023
                          -------------------------
              Dated this the 8th day of November, 2023

                               JUDGMENT

1. The present writ petition has been filed seeking a direction from

this Court to renew the registration of private car vehicle bearing

registration No. KL-05 P 1187 for a further period of five years in

accordance with the provisions of Section 41 read with Rule 42 of the

Motor Vehicles Act, 1988 and Central Motor Vehicle Rules, 1989. The

petitioner vehicle is a Chevrolet Forester. The manufacturing month

and year of the said vehicle is April, 2003. The said vehicle was bought

initially by the Managing Director, Cochin Cements on 03.07.2003 and

the registration certificate was issued by the Registering Authority,

Kottayam which was valid for a period of fifteen years. The

registration certificate of the vehicle was valid up to 31.03.2018. The

registration of the said vehicle for a period of five years was renewed

in 2018. On 20.08.2020, the petitioner bought the said vehicle from

its previous owner. The registration of the vehicle with the result of

renewal/registration certificate was valid up to March, 2023. The

renewed certificate has been placed on record of this writ petition as

Exhibit P-2, which would show that the manufacturer name of the WP(C) NO. 30170 OF 2023

vehicle is General Motors India Private Limited. The said vehicle is not

treated to be a imported vehicle at the time of initial registration and

subsequent renewal in the year 2018. The petitioner having bought

the vehicle on 20.08.2020 from the previous owner applies for further

renewal for the said vehicle in accordance with the law for a period of

five years vide Exhibit P-5 application. The petitioner also remitted

the requisite fee as prescribed under the Rules. However, the 1 st

respondent had refused the certificate of registration making an

endorsement on Exhibit P-5 application that the vehicle is an

imported vehicle and hence there is deficiency in the registration fees

and demanded Rs.40,000/- treating the vehicle to be imported

vehicle.

2. The Learned Counsel for the petitioner submits that the

respondents have not treated the vehicle as imported one when it

was initially registered in the year 2003 and thereafter at the time of

first renewal in 2018, it was treated as a vehicle manufactured by the

General Motors India Private Limited, which is evident from Exhibit

P-2. Now, the respondents have changed their stand at the time of

second renewal and requiring Rs. 40,000/- additional fee for renewal

of the second time registration on the ground that the vehicle is

imported one.

WP(C) NO. 30170 OF 2023

3. The Learned Government Pleader is not in a position to refute

Exhibit P-2 renewed registration certificate which was issued in the

year 2018 and the said renewed certificate issued in the year 2018 in

respect of the vehicle in question would show that the makers name

is shown as General Motors India Private Limited. The respondents

cannot be allowed to change their stand at this state of second time

of renewal and therefore, I find substance in the submission of the

Learned Counsel for the petitioner. In view thereof, the present writ

petition is disposed of with direction to the respondents to renew the

registration of the petitioner's vehicle Chevrolet Forester bearing

registration No. KL-05 P 1187 treating it to be a vehicle manufactured

in India and not an imported vehicle subject to the satisfaction of

other requirements and conditions for renewal. Necessary decision

should be taken within a period of one month from today.

Sd/-

DINESH KUMAR SINGH JUDGE Svn WP(C) NO. 30170 OF 2023

APPENDIX OF WP(C) 30170/2023

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 03.07.2003 ISSUED BY THE REGISTERING AUTHORITY KOTTAYAM IN FAVOUR OF THE FIRST OWNER; THE MANAGING DIRECTOR COCHIN CEMENTS

EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF REGISTRATION IN THE NAME OF THE PETITIONER PERTAINING TO CHEVROLET FORESTER BEARING NO. KL-5-P1187

EXHIBIT P3 TRUE COPY OF THE E-FEE RECEIPT FOR PAYMENT FOR RENEWAL OF REGISTRATION

EXHIBIT P4 TRUE COPY OF THE RECEIPT DATED 27.06.2023 FOR REMITTING GREEN TAX

EXHIBIT P5 TRUE COPY OF THE APPLICATION DATED 30.06.2023 FOR RENEWAL OF REGISTRATION SUBMITTED UNDER FORM 25 OF THE CENTRAL MOTOR VEHICLES RULES

1ST RESPONDENT'S ANNEXURES

ANNEXURE R1(a) A TRUE COPY OF THE GSR 714 (E) DATED 04.10.2021