The Madurai Bench held that a petitioner purchased a vehicle before the March 31, 2017 cut-off date mandated by the Supreme Court. The court directed the Regional Transport Authority to register the vehicle and issue the Permanent Registration Certificate without delay.
Petitioner's vehicle registered and Permanent Registration Certificate issued.
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.
W.P.(MD)No.7823 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.07.2020 CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.7823 of 2020
T.Bovas ... Petitioner
Vs
The Regional Transport Authority, Marthandam,
Kanyakumari District.
... Respondent
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondent to Register the petitioner's vehicle viz, Volkswagen Vento 1.6 MT Highline petrol car bearing chassis no. MEXA16600GT065913 and Engine No. CLS 460008 and also to issue the permanent Registration Certificate to the petitioner's above vehicle in the light of the order dated 29.03.2017 made by the Honble Apex Court in IA.No.487/2017, I.A.No.491/2017, I.A.No.494/2017, I.A.No. 489 of 2017 and I.A.No.495 of 2017 in Writ Petition (Civil) No.13029/1985 by considering the petitioner's representations dated 13.02.2019 and 17.09.2019 within the time limit that may be stipulated by this Court.
For Petitioner : Mr.M.S.Jeyakarthik For Respondent : Mr.M.Rajarajan Government Advocate
O R D E R
Heard the learned counsel appearing for the writ petitioner and the learned Government Advocate appearing for the respondent.
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W.P.(MD)No.7823 of 2020
"(a). On and from 1st April, 2017 such vehicles that are not BS-IV compliant shall not be sold in India by any manufacturer or dealer, that is to say that such vehicles whether two wheeler, three wheeler, four wheeler or commercial vehicles will not be sold in India by any manufacturer or dealer on and from 1st April, 2017.
(b). All the vehicle registering authorities under the Motor Vehicles Act, 1988 are prohibited for registering such vehicles on and from 1st April, 2017 that do not meet BS-IV emission standards, except on proof that such a vehicle has already been sold on or before 31st March, 2017"
// True Copy //
/ /2020 Sub Assistant Registrar(CS)
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W.P.(MD)No.7823 of 2020
Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
The Regional Transport Authority, Nagercoil, Kanyakumari District.
W.P.(MD)No.7823 of 2020
29.07.2020
KM (03.08.2020) 3P 2C
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2 issues framed by the court
Whether the respondent can deny permanent registration to a petitioner who purchased a BS-III compliant vehicle before the March 31, 2017 cut-off date.
Whether the Supreme Court order prohibiting sale of non-BS-IV vehicles from April 1, 2017, barred registration of vehicles sold prior to that date.
Colour shows how this judgement treated each authority
Writ Petition (Civil) No.13029/1985Explained¶13
2 provisions across 2 enactments
T.Bovas
The Regional Transport Authority, Marthandam
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
