High Security Registration Plate ... vs Union Of India
2024 Latest Caselaw 14382 Ker

Kerala High Court

High Security Registration Plate ... vs Union Of India on 31 May, 2024

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

WP(C) No.29866/2023                        1/5                        Order Date : 31-05-2024

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                      THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
                  Friday, the 31st day of May 2024 / 10th Jyaishta, 1946
                                  WP(C) NO. 29866 OF 2023
   PETITIONER:

          HIGH SECURITY REGISTRATION PLATE (HSRP) MANUFACTURERS ASSOCIATION OF
          INDIA, BUILDING NO. 66/1619, ABIDAS ARCADE, PIYOLI ROAD, ERNAKULAM -
          682 018, REPRESENTED BY ITS PRESIDENT, SHRI.M. JAHFAR.

   RESPONDENTS:

      1. UNION OF INDIA, REPRESENTED BY SECRETARY MINISTRY OF ROAD, TRANSPORT
         AND HIGHWAYS, NEW DELHI, PIN - 110001
      2. STATE OF KERALA, REPRESENTED BY SECRETARY, TRANSPORT DEPARTMENT,
         SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
      3. TRANSPORT COMMISSIONER, 2ND FLOOR, TRANS TOWERS, VAZHUTHACAUD,
         THYCAUD P.O., THIRUVANANTHAPURAM, PIN - 695014
      4. ASSOCIATION OF REGISTRATION PLATES MANUFACTIRES OF INDIA (REGD)
         (SOUGHT TO BE IMPLEADED ) F-119 , MAYAPURI INDUSTRIAL AREA PHASE -11
         NEW DELHI (SOUGHT TO BE IMPLEADED )

        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to stay the operation and implementation of Exhibit P13 circular
   issued by the Respondent No.1 and Exhibit P14 communication issued by the
   Respondent No.3, pending the disposal of the Writ Petition.
        This petition again coming on for orders upon perusing the petition
   and the affidavit filed in support of WP(C) and this Court's order dated
   09/04/2024 and upon hearing the arguments of M/S.DR.ADITYA SONDHI (SENIOR)
   along with P.A.MOHAMMED SHAH, RENOY VINCENT, SHAHIR SHOWKATH ALI, CHELSON
   CHEMBARATHY, ABEE SHEJIRIK FASLA N.K, MUHAMED JUNAID V., ADITH KRISHNAN.U.
   & FATHIMA AFEEDA P.,Advocates for the petitioners and SRI.KRISHNA T C,
   SCGC, for R1 and of SRI.MILLU DANDAPANI, Advocate for R4, the court passed
   the following:
 WP(C) No.29866/2023                            2/5                             Order Date : 31-05-2024




                                 DINESH KUMAR SINGH, J.
                     ...................................................................
             W.P(C) Nos.10761 of 2022, 7089, 18049, 22207 & 29866 of
                                                   2023
                    .....................................................................
                         Dated this the 31st day of May, 2024

                                            ORDER

Sri. Santhosh Kumar, the learned Special Government

Pleader for Transport Department that he will file the counter

affidavit to the amended writ petition as well as counter affidavit

to I.A No.2/2024 filed by the 5th respondent within two weeks from

today.

The rejoinder, if any be filed one week thereafter. As a

further interim measure, it is provided that, till the next date of

posting, no HSRP manufacturer / dealer shall be authorised to fix

the HSRP on vehicle manufactured on or before 01.04.2019 in

pursuance to the impugned Government Order dated 24.01.2024

contained in Ext.P11(a).

Post this matters along with W.P (C) No. 14467/2024 on

18.06.2024.

Sd/-

DINESH KUMAR SINGH JUDGE

SJ WP(C) No.29866/2023 3/5 Order Date : 31-05-2024

PPENDIX OF WP(C) 29866/2023 Exhibit R4(A) A TRUE COPY OF BOARD RESOLUTION SHOWING AND EMPOWERING ME WITH RESPECT OF THE SAME Exhibit R4(B) - THE TRUE COPY OF THE I.A NO 5 OF 2023 IN WRIT PETITION NO 10761/2022 WHICH WAS ALLOWED BY THIS HON'BLE COURT VIDE ORDER DATED 4.07.2023 Exhibit R4(C) A COPY OF REGISTRATION CERTIFICATE OF THE APPLICANT DATED 13.03.2002 Exhibit R4(D) - A COPY OF THE JUDGMENT OF THE HON'BLE SUPREME COURT IN ASSN. OF REGISTARTION PLATES V UNION OF INDIA (2005) 1 SCC 679 Exhibit R4(E) THE COPY OF ORDER IN MANINDERJITH SINGH BITTA V UNION OF INDIA (2008) 7 SCC 328 Exhibit R4(F) - THE COPY OF THE JUDGMENT OF THE HON'BLE SUPREME COURT IN MANINDERJIT SINGH BITTA VS. UNION OF INDIA & ORS 2011 14 SCC 273 Exhibit R4(G) THE COPY OF THE JUDGMENT OF THE HON'BLE SUPREME COURT IN MANINDERJITH SINGH BITTA VS UNION OF INDIA 2012(1) SCC 707 Exhibit R4(H) THE COPY OF THE JUDGMENT OF THE HON'BLE SUPREME COURT IN MANINDERJITH SINGH BITTA VS UNION OF INDIA 2012(4) SCC 568 Exhibit R4(I) A COPY OF THE JUDGMENT OF THE HON'BLE SUPREME COURT IN MANINDERJITH SINGH BITTA VS VIJAY CHHIBBER (2016) 14 SCC 72 Exhibit R4(J) A COPY OF THE ORDER OF THE HON'BLE SUPREME COURT IN M C MEHTA VS. UNION OF INDIA & ORS. DATED 10.12.2018 Exhibit R4(K) A COPY OF THE AFFIDAVIT DATED 8.11.2019 FILED BY MORTH BEFORE THE HON'BLE SUPREME COURT WITH ANNEXURES IN W.P.(C) 13029 OF 1985.

Exhibit R4(L) A TRUE COPY OF ADVISORY DATED 16.09.2020 Exhibit R4(M) THE COPY OF THE AFFIDAVIT DATED 21.11.2019 (WITH ANNEXURES ) IN W.P.(C). 13029 OF 1985 Exhibit R4(N) - A COPY OF THE AFFIDAVIT OF W.P.(C) 13029 OF 1985 DATED 23.10.2019 ( WITH ANNEXURES) Exhibit R4(0) A COPY OF THE ORDER PASSED BY THE STATE OF HIMACHAL PRADESH DATED 16.04.2020 Exhibit R4(P) - A COPY OF THE CIRCULAR DATED 26.05.2022 ISSUED BY THE STATE OF UTTARAKAHAND , PRODUCED ALONG WITH ENGLISH TRANSLATION Exhibit R4(Q) A TRUE COPY OF THE CIRCULAR DATED 26.05.2022 ISSUED BY THE STATE OF BIHAR, PRODUCED ALONG WITH ENGLISH TRANSLATION Exhibit R4(R) - THE TRUE COPY OF THE ORDER IN WRIT PETITION FILED ORBIZ AUTOMOTIVEZ BEFORE THE HON'BLE HIGH COURT OF ORISSA DATED 19.04.2023 Exhibit R4(S) - THE TRUE COPY OF THE ORDER OF HIGH COURT OF KARNATAKA AT BANGALURU IN MANUFACTURERS ASSOCIATION OF INDIA & ORS VS. STATE OF KARNATAKA & ORS. DATED 20.09.2023 Exhibit R4(T) THE TRUE COPY OF THE ORDER DATED 25.10.2023 Exhibit R4(U) COPY OF THE PROCEDURE FOLLOWED BY VEHICLE MANUFACTURERS FOR SELECTING THE SUITABLE HSRP SUPPLIERS WP(C) No.29866/2023 4/5 Order Date : 31-05-2024

Exhibit -P1 THE TRUE COPY OF THE CERTIFICATE OF REGISTRATION ISSUED TO THE PETITIONER DATED 19.07.2023 ALONG WITH ENGLISH TRANSLATION Exhibit -P2 THE TRUE COPY OF THE MOTOR VEHICLE (NEW HIGH SECURITY REGISTRATION PLATES), ORDER 2001 Exhibit -P3 THE TRUE COPY OF G.S.R. 1162(E) ISSUED BY RESPONDENT NO.1 DATED 04.12.2018 Exhibit -P4 THE TRUE COPY OF THE MOTOR VEHICLES (HIGH SECURITY REGISTRATION PLATES) ORDER, 2018 Exhibit -P5 THE TRUE COPY OF THE NOTIFICATION G.S.R. 104(E) DATED 11.02.2020 ISSUED BY RESPONDENT NO.1 Exhibit -P6 THE TRUE COPY OF THE NOTIFICATION G.S.R. 640(E) DATED 18.08.2022 ISSUED BY THE RESPONDENT NO.1 Exhibit -P7 TRUE COPY OF THE TYPE APPROVAL CERTIFICATE ISSUED TO A MEMBER OF THE PETITIONER ASSOCIATION Exhibit -P8 TRUE COPY OF A CHALLAN ISSUED BY THE ASSISTANT MOTOR VEHICLES INSPECTOR DATED 31.08.2022 WITH RESPECT TO A MOTOR VEHICLE BEARING REGISTRATION NUMBER KL-41-M-8800 Exhibit -P9 TRUE COPY OF A CHALLAN ISSUED BY THE ASSISTANT MOTOR VEHICLES INSPECTOR DATED 24.10.2022 WITH RESPECT TO MOTOR VEHICLE BEARING REGISTRATION NUMBER KL-25-E-8832 Exhibit -P10 TRUE COPY OF THE SCREENSHOT TAKEN FROM THE WEBSITE:

WWW.PARIVAHAN.GOV.IN Exhibit-P11 THE TRUE COPY OF THE INTERIM ORDER PASSED IN WRIT PETITION (CIVIL) NO.10761/2022 DATED 13.04.2023 Exhibit -P12 THE TRUE COPY OF THE ORDER PASSED IN WRIT APPEAL NO.999/2023 DATED 29.05.2023 Exhibit-P13 THE TRUE COPY OF THE ADVISORY / LETTER ISSUED BY THE RESPONDENT NO.1 DATED 09.06.2023 Exhibit -P14 THE TRUE COPY OF THE LETTER ISSUED BY THE RESPONDENT NO.3 DATED 16.08.2023 Exhibit-P 15 THE TRUE COPY OF THE TABLE SHOWING THE HIGH SECURITY REGISTRATION PLATES SUPPLIED BY HSRP VENDORS AS OBTAINED FROM THE VAHAAN PORTAL Exhibit -P16 THE TRUE COPY OF THE LETTER ISSUED BY THE RESPONDENT NO.1 DATED 16.06.2016 Exhibit -P17 THE TRUE COPY OF THE LETTER ISSUED BY THE RESPONDENT NO.1 DATED 02.08.2016 Exhibit-P 18 THE TRUE COPY COPY OF THE LETTER ISSUED BY THE RESPONDENT NO.1 DATED 10.02.2017 Exhibit -P19 THE TRUE COPY OF THE LETTER ISSUED BY THE RESPONDENT NO.1 DATED 06.09.2021 Exhibit P20 THE TRUE COPY OF THE INTERIM ORDER PASSED IN WRIT PETITION (CIVIL) NO.29866/2023 DATED 27.11.2023 Exhibit P21 THE TRUE COPY OF THE INTERIM ORDER PASSED IN WRIT PETITION (CIVIL) NO.29866/2023 DATED 08.12.2023 Exhibit P22 THE TRUE COPY OF THE INTERIM ORDER PASSED IN WRIT PETITION (CIVIL) NO.29866/2023 DATED 09.01.2024 Exhibit P23 THE TRUE COPY OF THE INTERIM ORDER PASSED IN WRIT PETITION (CIVIL) NO.29866/2023 DATED 30.01.2024 WP(C) No.29866/2023 5/5 Order Date : 31-05-2024

Exhibit P24 THE TRUE COPY OF THE INVOICE ISSUED BY THE DEALER OF A VEHICLE MANUFACTURER DATED 24.01.2024 FOR A VEHICLE BEARING REGISTRATION NO. KL-07-CN-1188 Exhibit P25 THE TRUE COPY OF THE CLARIFICATION ISSUED BY THE RESPONDENT NO.1 DATED 08.01.2024 Exhibit R1A True copy of the advisory dated 8.1.2024 issued by the Ministry of Road Transport and Highways, Government of India.