Madras High Court
R.Anandakumar vs The Principal ... on 21 September, 2023
W.P.No.26244 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.09.2023
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
W.P.No.26244 of 2023
R.Anandakumar ... Petitioner
vs.
1.The Principal Secretary/Transport Commissioner,
Chepauk, Chennai – 600 005.
2.The Registering Authority cum
Regional Transport Officer (TN-78),
Eliyamuthur Road,
Opposite Government Arts College,
Udumalpet – 642 126. ... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India, to issue a Writ of Mandamus, directing the respondents to
permanently register the Innova Crysta 2.4Z bearing temporary registration
number TN38CHT0681 by considering petitioner representation dated
08.07.2022 within a fixed time frame.
For Petitioner : Ms.Rebecca Vasanthini Percy
for Mr.R.Kannan
For Respondents : Mr.N.Naveenkumar
Government Advocate
1/8
https://www.mhc.tn.gov.in/judis
W.P.No.26244 of 2023
ORDER
The writ petitioner seeks a direction to the respondents to permanently
register his Innova Crysta 2.4Z with temporary Registration
No.TN38CHT0681 by considering the petitioner's representation dated
08.07.2022 within a time fixed by this Court.
2. It is seen from the affidavit that the petitioner had purchased a new
Innova Crysta 2.4Z on 31.01.2017 and the said vehicle was temporarily
registered before the Assistant Registering Authority, Coimbatore (North)
with Temporary Registration No. TN38CHT0681 on 07.02.2017.
Thereafter, the petitioner submitted an online application for permanent
registration of the vehicle before the 2nd respondent and he paid the road tax
of Rs.2,99,553/- on 08.09.2020 and he also paid the penalty amount of
Rs.2,59,476/- on 11.09.2020. 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.
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W.P.No.26244 of 2023
3. The learned counsel appearing for the petitioner submitted that in
respect of BS-IV 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. The learned Government Advocate appearing for the respondents
submits that though the petitioner purchased the vehicle on 31.01.2017 and
got temporary registration from 07.02.2017 to 02.03.2017, he failed to
complete the permanent registration of the vehicle before the cut-off date for
permanent registration of BS-IV Vehicle, namely 31.03.2020. The petitioner
applied for permanent registration through online on 01.02.2017. However,
he failed to pay the tax for new registration of the Vehicle before cut-off
date. The learned Government Advocate has 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 are to be
permitted to register subsequent to the date namely 31.03.2020.
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W.P.No.26244 of 2023
5. 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
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
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W.P.No.26244 of 2023
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.”
6. 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 was
granted to the Vehicles which were purchased earlier and registration could
not be made during Covid lockdown period. In the case on hand, the
petitioner purchased the vehicle on 31.01.2017 and applied for permanent
registration on 01.02.2017. However,he paid road tax only on 08.09.2020,
after cut-off date. Therefore, as per the law laid down by the Hon'ble Apex
Court in M.C. Mehta vs. Union of India and others, the request of the
petitioner for permanent registration of the petitioner's vehicle with BS-IV
model cannot be considered.
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W.P.No.26244 of 2023
7. However, the petitioner appeared to have paid a sum of
Rs.2,99,553/- towards road tax on 08.09.2020 and a penalty amount of
Rs.2,59,476/- on 11.09.2020 as demanded by the respondents. When the
permanent registration of the petitioner's vehicle is not possible, the
respondents are not entitled to retain the said amount. Therefore, the
respondents are directed to repay the sum of Rs.2,99,553/- paid by the
petitioner towards road tax and a sum of Rs.2,59,476/- paid by the petitioner
towards penalty, within a period of six weeks from the date of receipt of
copy of this order.
8. With the above direction, the writ petition stands disposed of. No
costs.
21.09.2023
Index : Yes/No
Speaking order:Yes/No
Neutral Citation:Yes/No
dm
https://www.mhc.tn.gov.in/judis
W.P.No.26244 of 2023
To
1.The Principal Secretary/Transport Commissioner,
Chepauk, Chennai – 600 005.
2.The Registering Authority cum
Regional Transport Officer (TN-78),
Eliyamuthur Road,
Opposite Government Arts College,
Udumalpet – 642 126.
https://www.mhc.tn.gov.in/judis
W.P.No.26244 of 2023
S.SOUNTHAR, J.
dm
W.P.No.26244 of 2023
21.09.2023
https://www.mhc.tn.gov.in/judis
