S.Sarayuu vs The Transport Commissioner
2023 Latest Caselaw 12575 Mad

                                                                                  W.P.No.24123 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 15.09.2023

                                                       CORAM

                                   THE HONOURABLE MR.JUSTICE S.SOUNTHAR

                                                W.P.No.24123 of 2023


                     S.Sarayuu                                                 ... Petitioner


                                                          vs.


                     1.The Transport Commissioner
                       Commissionerate of Transport and Road Safety
                       Ezhilagam
                       Chepauk
                       Chennai – 600 005.

                     2.The Regional Transport Officer,
                       Gobichettipalayam
                       Erode District.                                         ... Respondents


                     PRAYER: Writ Petition is filed under Article 226 of the Constitution of
                     India, to issue a Writ of Mandamus, directing the respondents to register the
                     petitioner's motor vehicle namely, Car in pursuance to the e-Application
                     NO.TN36W/SAR/2017/001227814 (Temporary Regn. No.TN 07 TMP
                     13342) within a time frame to be fixed by this Court and pass suitable
                     orders within the time frame to be fixed by this Court.


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https://www.mhc.tn.gov.in/judis
                                                                                         W.P.No.24123 of 2023



                                        For Petitioner      : Mr.C.Munusamy


                                        For Respondents : Mr.N.Naveenkumar
                                                          Government Advocate


                                                            ORDER

The writ petitioner seeks a direction to the respondents to register his

Maruti Car with BS-IV Model based on the e-Application submitted by the

petitioner in TN36W/SAR/2017/001227814 (Temporary Regn.No. TN 07

TMP 13342) within the time fixed by this Court.

2. It is seen from the affidavit that the petitioner had purchased a new

Maruti Celerio VXI Model Car on 30.11.2017 and the said vehicle was

temporarily registered before the Registering Authority, Regional Transport

Office, Chennai (South) with Temporary Registration No. TN 07 TMP

13342 on 04.12.2017. Thereafter, the petitioner submitted an online

application for regular registration of the vehicle before the 2 nd respondent

along with required documents and paid the life tax and other applicable

taxes for registration of a new vehicle to the tune of Rs.51,343/- on

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06.09.2021. However, the vehicle of the petitioner has not been registered

till date by the 2nd respondent. The respondents are declining to register

vehicle on the ground that the petitioner's vehicle is a BS-IV Model and

therefore, the same cannot be registered after cut-off date namely

31.03.2020.

3. The learned counsel appearing for the petitioner submitted that in

respect of BS-IV motor vehicles, which were purchased prior to 31.03.2020

and the details of the same has already been uploaded in E-Vaahan Portal,

there may not be any difficulty for the respondents to register the vehicle.

4. In this regard, the learned counsel relied on the judgment of this

Court in Tamilnadu Automobile Dealers Association vs. The Principal

Secretary/Transport Commissioner (W.P.(MD).Nos.5846, 5848, 5865,

5877 and 5869 of 2021, dated 31.03.2021). He also relied on the judgment

of the High Court of Punjab and Haryana in M/s Tulsi vs. Union of India

and others in C.W.P.No.5656 of 2021 (O&M) dated 07.04.2022.

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5. The learned Government Advocate appearing for the respondents

submits that though the petitioner purchased the vehicle on 30.11.2017 and

got temporary registration for 30 days, she failed to apply for registration of

the vehicle before the cut-off date for registration of BS-IV Vehicle namely

31.03.2020. The petitioner applied for regular registration through online

only on 26.09.2019. However, she failed to pay the tax for new registration

of the Vehicle. The learned Government Advocate also drawn the attention

of this Court to the order passed by the Hon'ble Apex Court in M.C. Mehta

vs. Union of India and others in Writ Petition(s)(Civil) No.13029 of 1985

dated 13.08.2020, wherein the Hon'ble Apex Court held that the Vehicles

which have been already uploaded in E-Vaahan Portal and the regular

registration could not be done due to the lockdown period alone to be

permitted to register subsequent to the date namely 31.03.2020.

6. In M.C. Mehta vs. Union of India and others while considering

the registration of the Vehicles which were purchased prior to cut-off date

namely 31.03.2020, the Hon'ble Apex Court observed as follows:-

“The order passed by this Court on 24.10.2018 is clear that sale and registration of BS-IV vehicles shall not be

https://www.mhc.tn.gov.in/judis W.P.No.24123 of 2023

allowed after 31.03.2020. We cannot allow the registration of such vehicles, sales of which were not uploaded on E-Vaahan Portal of the Central Government or the portal of the concerned State Government.

There are still stated to be a large number of sales which have been made and uploaded on the E-Vaahan Portal, even temporary registrations were made. Their registration during the lockdown period could not be made. Hence, we allow registration of such vehicles only which could not be registered during lockdown in the month of March, 2020 and for no other reason. (emphasis supplied) However, the position of Delhi and NCR is different. We clarify our order dated 27.03.2020 to the effect that no registration of BS-IV vehicles is to be made in Delhi and NCR as people are suffering from severe air pollution and the order passed by this Court in 2018 was clear. No vehicle of BS-IV in Delhi and NCR to be registered.

We order that in the Delhi and NCR, no registration of the vehicles of BS-IV is to be made after 31.03.2020.

This order is for the rest of the country and only due to lockdown, not to be used for any other purpose/reason and for registration of other vehicles of which registration was not done for any other reason.”

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7. A reading of the above order passed by the Hon'ble Apex Court

would make it clear that BS-IV Vehicles shall not be registered after

31.03.2020. However, in the above mentioned judgment, exemption has

been granted to the Vehicles which were purchased prior to cut-off date and

uploading of the same has also been done in E-Vaahan Portal, however, due

to lockdown period, the regular registration process could not be completed.

Therefore, the exemption granted by the Hon'ble Supreme Court in the

above mentioned judgment is confined to the Vehicles which were

purchased during lockdown period and not to the vehicles which were

purchased prior to the lockdown period.

8. In the case on hand, admittedly, the petitioner purchased the

Vehicle in the year 2017 well prior to Covid-19 lockdown period. In such

cases, the order passed by the Hon'ble Apex Court in M.C. Mehta vs. Union

of India and others in Writ Petition(s)(Civil) No.13029 of 1985 dated

13.08.2020 will not help the petitioner for registration of his Vehicle, which

was purchased in the year 2017 merely on the ground that the uploading

E-Vaahan Portal was done prior to the cut-off date. The petitioner has not

shown any acceptable reason for his failure to complete registration from

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2017 to March 2020 (outbreak of Covid-19)

9. As far as the order relied on by the learned counsel appearing for

the petitioner in Tamilnadu Automobile Dealers Association vs. The

Principal Secretary/Transport Commissioner case is concerned, it is not

clear whether the said case is relating to the Vehicle purchased during Covid

lockdown period or even prior to that period, as in the present csae.

Therefore, the said case law will not advance the argument of the learned

counsel appearing for the petitioner.

10. Though learned counsel appearing for the petitioner tried to

support his argument by relying on the order passed by the High Court of

Punjab and Haryana in M/s Tulsi vs. Union of India and others, in the

light of the law laid down by the Hon'ble Apex Court in M.C. Mehta vs.

Union of India and others in Writ Petition(s)(Civil) No.13029 of 1985

dated 13.08.2020, the exemption granted by the Hon'ble Supreme Court is

only restricted to the Vehicles which were purchased earlier and registration

could not be completed during lockdown period.

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11. In such circumstances, I am unable to accept the contention made

by the learned counsel appearing for the petitioner. It is needless to say that

the Vehicle Tax paid by the petitioner cannot be retained by the 2 nd

respondent when he refused registration of the vehicle. In such

circumstances, the entire amount of life tax and other applicable taxes paid

by the petitioner towards registration of Vehicle, shall be refunded to the

petitioner within a period of four weeks from the date of receipt of copy of

this order.

12. With the above observation, the writ petition stands disposed of.

No costs.

15.09.2023 Index : Yes/No Speaking order:Yes/No Neutral Citation:Yes/No dm

https://www.mhc.tn.gov.in/judis W.P.No.24123 of 2023

To

1.The Transport Commissioner Commissionerate of Transport and Road Safety Ezhilagam Chepauk Chennai – 600 005.

2.The Regional Transport Officer, Gobichettipalayam Erode District.

https://www.mhc.tn.gov.in/judis W.P.No.24123 of 2023

S.SOUNTHAR, J.

dm

W.P.No.24123 of 2023

15.09.2023

https://www.mhc.tn.gov.in/judis