Madras High Court
M/S.Sga Cabs India Pvt. Ltd vs The Registering Authority on 4 August, 2021
W.P.No.14580/2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.08.2021
CORAM:
THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH
W.P. No. 14580 of 2021
M/s.SGA CABS INDIA PVT. LTD
represented by its Managing Director
A.Arputharaj
131 Uppilipalayam Main Road
Sowripalayam,Coimbatore ... Petitioner
Vs.
The Registering Authority
Regional Transport Office
Coimbatore ... Respondent
Prayer: Writ petition is filed under Article 226 of the Constitution of India, for
issuance of a Writ of Mandamus, to direct the respondent to register and to
issue registration certificate forthwith to the vehicles below mentioned.
S.No. Vehicle Model/Name Chasis no.
1 Octavia Style 2.0 TDI AT TMBBJFNE9JA007375
2 Rapid Ambition 1.5 TDI AT TMBBVCNA5KG012099
3 Kodiaq style 2.0 TDI AT TMBMJENSXKA400831
4 Octavia L&K 2.0 TDI AT TMBBJLNE4KA008465
5 Rapid style 1.5 TDI AT TMBBVLNA4KG018685
6 Superb style 2.0 TDI AT TMBBKANPOKA300150
7 Superb style 2.0 TDI AT TMBBKGNP4KA300896
8 Superb style 2.0 TDI AT TMBBKCNP2HA300171
9 Rapid style 1.5 TDI MT TMBBVJNA6HG109129
10 Octavia L&K 2.0 TDI AT TMBBJJNE7JA007927
11 Octavia L&K 2.0 TDI AT TMBBJKNE4JA008264
12 Superb L&K 2.0 TDI AT TMBBKMNP6JA301688
1/7
https://www.mhc.tn.gov.in/judis/
W.P.No.14580/2021
For Petitioner : Mr.R.Anish Kumar
For Respondent : Mr.U.Baranidharan
Government Advocate
ORDER
This writ petition has been filed for the issue of a writ of mandamus
directing the respondent to register the vehicles and to issue registration
certificate to the petitioner.
2.The case of the petitioner is that the 12 vehicles, which have been
listed at Paragraph No.7 of the affidavit fall within the category of BS-IV
vehicles. The Hon'ble Supreme Court, while passing orders in W.P.(C)
No.13029/1985 in M.C.Mehta v. Union of India made it clear that the sale and
registration of BS-IV vehicles will not be allowed after 31.03.2020. The
Hon'ble Supreme Court held that registration of such vehicles, where the sales
of which were not uploaded on the portal of the Central Government or the
State Government will not be registered thereafter.
3. It is pursuant to the above order, the petitioner wanted to upload
the details of 12 vehicles in the official portal and according to the petitioner,
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W.P.No.14580/2021
the official portal was not functional from 24.03.2020 to 31.03.2020 and as a
result of the same, the petitioner was not able to upload the details of the
vehicles. In view of the above, the petitioner made representation to the
respondent to register the vehicles and issue registration certificate. Since the
same was not considered, the present writ petition has been filed before this
Court seeking for appropriate directions.
4. Heard the learned counsel for the petitioner and the learned
counsel for the respondent.
5. The main ground that has been taken by the learned counsel for the
petitioner is that from 24.03.2020 to 31.03.2020, the E-Vahan portal was not
operational and the petitioner was not able to upload the details of the vehicles
number within the stipulated period. To substantiate this submission, the
learned counsel for the petitioner brought to the notice of this Court the
document available at Page No.39 of the typed set of papers. It is seen from the
document that the petitioner was not allowed to log in and they were directed to
contact the administrator. For proper appreciation, the endorsement that is
found at Page No.39 is extracted hereunder;
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W.P.No.14580/2021
“As per the instruction you are not allowed to
login, please contact to State Administrator. Sorry for the
inconvenience......”
6. The learned counsel for the petitioner submitted that when similar
writ petitions were filed before this Court, the same were considered by this
Court and orders were passed by issuing directions to the authorities. To
substantiate this submission, the learned counsel brought to the notice of this
Court the order passed in W.P.(MD) Nos.13720/2020, 145/2021 and 5846 etc.,
of 2021.
7. A careful reading of all the orders that were pointed out to this
Court shows that this Court had ensured in all those cases that the details of the
vehicles were duly uploaded in the portal within the cut off date. Even
otherwise, if the details of the vehicle have not been uploaded on or before
31.03.2020, this Court cannot issue any directions to the respondent to register
the vehicles, since it will run contrary to the directions issued by the Hon'ble
Supreme Court in the judgment referred supra.
8. This Court wanted to satisfy itself with regard to the factual
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W.P.No.14580/2021
allegation that was made by the petitioner that the portal was not opening from
24.03.2020 to 31.03.2020. This Court, therefore, directed the learned
Government counsel to produce the relevant documents to prove that the details
of vehicles were uploaded during this period in the portal. Accordingly, the
learned Government counsel produced the details from the Regional Transport
Officer, Coimbatore South and it is found from those details that nearly 61
vehicles have been uploaded in the portal between the period from 24.03.2020
to 31.03.2020. This prima facie shows that the portal was operational and it is
not known as to why the petitioner was not able to effectively upload the details
in the portal.
9. The learned Government counsel also made submissions on the
merits of the case to the effect that an inspection was made by the Motor
Vehicles Inspector with regard to all the 12 vehicles and it was found that these
vehicles were effectively in usage even as on 15.07.2021. This Court does not
want to go into this factual aspect and it will be irrelevant to get into this issue
for the purpose of deciding this writ petition.
10. There are prima facie materials to show that the portal was
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W.P.No.14580/2021
functional/operational from 24.03.2020 to 31.03.2020 and nearly 61 vehicles
were uploaded during this period. Therefore, this Court is not able to agree
with the contention raised by the learned counsel for the petitioner, as if the
portal was not functional during the entire period. Once the cut off date of
31.03.2020 is crossed, this Court cannot pass any orders directing the
respondent to register the vehicles since it will run contrary to the specific
directions issued by the Hon'ble Supreme Court.
11. In view of the above discussion, this Court does not find any
ground to grant the relief as sought for in the writ petition and accordingly, the
writ petition stands dismissed. No costs.
04.08.2021
Index : Yes/No
Speaking Order/Non-speaking Order
RR
To
The Registering Authority
Regional Transport Office
Coimbatore
https://www.mhc.tn.gov.in/judis/
W.P.No.14580/2021
N.ANAND VENKATESH, J.
RR
W.P.No.14580 of 2021
04.08.2021
https://www.mhc.tn.gov.in/judis/
