Disposed

Sajid.P.S. v. Ministry of Road Transport

Kerala HC4 Feb 2021WP(C)/1818/2021

Case brief

AI extract

What is this about?

A petitioner sought registration of a BS-IV car purchased during lockdown when the novelty period had expired. The court found substantial compliance via E-Vaahan Portal uploads on the deadline and directed the first, third, and fifth respondents to facilitate expedited registration within four weeks.

What did the court decide?

Directed respondents to complete vehicle registration process within four weeks.

Sajid.P.S. Vs Ministry of Road Transport — Motor Accident Claims | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE SUNIL THOMAS

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THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942

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WP(C).No.1818 OF 2021(B)

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PETITIONER/S:

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SAJID.P.S., S/O. SHAHUL HAMEED P.A, PUTHUPARAMBIL, G-A, HOLY CREST , SAAB ESTATE, CSEZ P.O, KAKKANAD, COCHIN 37.

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BY ADVS. SRI.PRAKASH P.GEORGE SRI.SADER E.REAZ SMT.JEENA ANNIE JOSEPH

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RESPONDENT/S:

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1 MINISTRY OF ROAD TRANSPORT TRANSPORT BHAWAN, SANSAD MARG, NEW DELHI , PIN-110 001

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2 NATIONAL INFOMATIC CENTRE, A-BLOCK, LODHI ROAD, CGO COMPLEX, NEW DELHI, PIN-110 003

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3 NATIONAL INFOMATIC CENTRE, CDAC BUILDING, KELTRON COMPOUND, MANAVEEYAM ROAD, NANDAVANAM, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN-695 033

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4 THE TRANSPORT COMMISSIONER, OFFICE OF THE TRANSPORT COMMISSIONER, 2ND FLOOR, TRANS TOWER, C.V. RAMANPILLA ROAD, DPI, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014

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5 THE REGIONAL TRANSPORT OFFICER, OFFICE OF THE REGIONAL TRANSPORT OFFICER, COLLECTORATE, KAKKANAD P.O, ERNAKULAM DISTRICT-682 037

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R1TO R 3 BY SMT.MINI GOPINATH, CGC R4 AND R5 SR.G.P.K.P.HARISH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.1818 OF 2021(B)

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J U D G M E N T

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The petitioner purchased a Ford-Aspire 1.5 D

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TITANIUM, MT BS IV car on 27.02.2020 by paying the necessary amounts for registration charges, temporary registration charge etc. The details of the vehicle were uploaded in E-Vaahan Portal on 31.03.2020 during the lock-down period. The application number was generated, evidenced by Ext.P4. As per the norms of the Government of India, the cut off date for registering BS-IV vehicle in India was up to 31.03.2020. According to the petitioner, due to Covid-19 pandemic and the lock-down following it, the time was extended thereafter. Since the cut off date for registering BS-IV vehicles happened to be during lock-down period, petitioner's dealer could not even take temporary registration. Since the cut off date for registration of BS-IV vehicle is over, the dealer could not proceed further for the registration of the vehicle. The petitioner now relies on the decision of the Hon'ble Supreme Court

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WP(C).No.1818 OF 2021(B)

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as evident from Ext.P6.

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The learned senior Government Pleader as

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well as the learned ASG submitted that though the details were uploaded through E-Vaahan Portal before the cut off date. The process could not be completed, due to lack of further details not uploaded on the Portal. It was completed according to the learned senior Government Pleader as well as the ASG later.

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The dispute seems to whether Ext.P6 judgment of the Hon'ble Supreme Court will stand to the help of the petitioner in this case. The Hon'ble Supreme Court had clarified that the sale and registration of BS-IV vehicle shall not be allowed after 31.03.2020. The Supreme Court also clarified that the Hon'ble Supreme Court 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. However, in the case of those vehicles whose sale have been made and

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WP(C).No.1818 OF 2021(B)

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uploaded on the E-Vaahan Portal before the said date their registration during the lock-down period will be made.

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The materials on record indicate that the sale details were entered into and the dealer entered the essential details on 31.03.2020. However, the further details could be made available only thereafter. Having considered this, I feel that there has been substantial compliance and sale has been brought on record as on 31.03.2020. Hence the benefit of the Hon'ble Supreme Court will enure to his benefit. Having considered this, I am inclined to direct the second and third respondents, to make available the E-Vaahan Portal as enabled, the petitioner/dealer to complete the process of registration. If the process is complete on particulars and if the application is found to be otherwise in order, the fifth respondent shall proceed with the registration in accordance with law. The process shall be completed as expeditiously as possible, at any rate, within a period of

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WP(C).No.1818 OF 2021(B)

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four weeks from the date of receipt of a copy of this judgment.

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Accordingly, the Writ Petition is disposed of.

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Sd/-

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SUNIL THOMAS, JUDGE

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R.AV

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WP(C).No.1818 OF 2021(B)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE TAX INVOICE DATED 27.02.2020.

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EXHIBIT P2 TRUE COPY OF THE FORM 20, THE APPLICATION FOR REGISTRATION OF MOTOR VEHICLE, WHICH WAS UPLOADED IN THE E VAAHAN PORTAL

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EXHIBIT P3 TRUE COPY OF THE FORM NO. 21, SALE CERTIFICATE OF THE PETITIONER'S VEHICLE.

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EXHIBIT P4 TRUE COPY OF THE COMPUTER PRINTOUT OF DISCLAIMER REPORT FROM RTO, ERNAKULAM EVIDENCING THE PAYMENTS MADE BY THE PETITIONER FOR REGISTRATION OF THE VEHICLE WHICH WAS UPLOADED IN THE E-VAAHAN PORTAL SHOWING THE APPLICATION NUMBER KL 20033195272463.

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EXHIBIT P5 TRUE COPY OF THE INSURANCE POLICY OF THE VEHICLE WITH POLICY NO. 442000/31/2020/33359 FOR THE PERIOD FROM 21.3.2020 TO 20.03.2021.

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EXHIBIT P6 TRUE COPY OF THE ORDER OF THE HON'BLE SUPREME COURT OF INDIA, DATED 13.8.2020.

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EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 14.12.2020 SUBMITTED BY THE PETITIONER BEORE THE 5TH RESPONDENT.

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EXHIBIT P8 TRUE COPY OF THE RECEIPT DATED 16.12.2020 ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT REGARDING THE ACCEPTANCE OF EXT. P7 REPRESENTATION.

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RESPONDENT'S/S EXHIBITS NIL

Sajid.P.S. v. Ministry of Road Transport

Case brief

What is this about?

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Sajid.P.S. v. Ministry of Road Transport

Case brief

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