The High Court dismissed the writ appeal, holding that Rule 95 of the Kerala Motor Vehicles Rules does not mandate production of a vehicle for obtaining a fancy number. The Court ruled that the Departmental Circular contrary to the Rule cannot override the statutory provision.
Writ appeal dismissed; direction to Single Judge to allot number stands affirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HON'BLE ACTING CHIEF JUSTICE MRS.MANJULA CHELLUR & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
WEDNESDAY, THE 5TH DAY OF SEPTEMBER 2012/14TH BHADRA 1934
WA.No. 1362 of 2012 ()
AGAINST THE ORDER/JUDGMENT IN WPC.NO.10536/2012 DATED 25-05-2012
APPELLANT/RESPONDENT IN THE W.P.
REGISTERING AUTHORITY, VANDIPERIYAR, (SUB REGIONAL TRANSPORT OFFICER, VANDIPERIYAR).
BY SENIOR GOVERNMENT PLEADER SMT.ANITHA RAVINDRAN
RESPONDENT/PETITIONER IN THE W.P.
JAYACHANDRAN KARITHALACKAL HOUSE, VANDANMEDU P.O. IDUKKI - 685 551
BY ADV. SRI.O.D.SIVADAS
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05-09-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MJL
WA.No. 1362 of 2012 ()
APPENDIX
APPELLANT'S ANNEXURES:
ANNEXURE I:TRUE COPY OF THE CIRCULAR NO.6/2011 DATED 18/02/2011 OF TRANSPORT COMMISSIONER, THIRUVANANTHAPURAM
RESPONDENT'S ANNEXURES: NIL
/TRUE COPY/
P A TO JUDGE
MJL
MANJULA CHELLUR (Ag.CJ) & A.M.SHAFFIQUE, J.
---------------------------------------------------W.A. No. 1362 of 2012 --------------------------------------------------Dated this the 5th day of September, 2012
J U D G M E N T
SHAFFIQUE,J.
The respondent in the writ petition is the appellant. The writ appeal is filed by challenging the direction issued by the learned Single Judge to the appellant to register the petitioner's vehicle and allot the number KL 37/B-51.
2
W.A. No. 1362 of 2012
“Once the number is allotted, the applicant shall produce the vehicle for registration within 3 weeks from the date of allotment of Registration mark failing which the sanction is liable to be dismissed and the number shall be lapsed. No intimation regarding the lapse of reservation of registration mark shall be issued to the applicant.”
W.A. No. 1362 of 2012
3
same fancy number is available it can be allotted to the petitioner.
Hence the writ appeal is dismissed.
MANJULA CHELLUR (ACTING CHIEF JUSTICE)
A.M.SHAFFIQUE (JUDGE)
rka
2 issues framed by the court
Whether the Registering Authority can insist on production of the vehicle for allotment of a fancy registration number under Rule 95 of the Kerala Motor Vehicles Rules.
Whether the Departmental Circular No. 6/2011 (Clause 25) requiring production of vehicle for allotment of registration mark overrides Rule 95.
2 provisions across 2 enactments
Registering Authority, Vandiperiyar
Jayachandran Karithalackal
Manjula Chellur
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
