Petitioner sought mandamus to register a BS-IV commercial vehicle for permanent registration. The single-judge High Court Bench refused relief, citing a Supreme Court order prohibiting BS-IV vehicle sales post-31.03.2020 and directing that only specific Supreme Court-recognized vehicles receive registration.
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W.P. (MD) No. 14984 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.01.2023
C O R A M
THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU
W.P. (MD) No. 14984 of 2022
N.Sakthivel
... Petitioner
Vs.
PRAYER: Writ Petition filed under Article 226 of the constitution of India, to issue a Writ of Mandamus, directing the Second Respondent to register the vehicle and give Permanent Registration Number in the Petitioner's Vehicle Ashok Leyland Tipper HGV (Engine No.JDEZ414889, Chasis No.MBIG3CHD7JECB1786) BS IV Model within a stipulated period fixed by this Court.
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For Petitioner : Mr. P.Muthusamy For Respondents : Mr. M.Senthil Ayyanar Government Advocate
ORDER
Heard Mr. P.Muthusamy, Learned Counsel for the Petitioner and Mr. M.Senthil Ayyanar, Learned Government Advocate for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.
W.P. (MD) No. 14984 of 2022
27.03.2020 in I.A. Nos. 45883, 45912 and 48113 of 2020 in Writ Petition (Civil) No. 13029 of 1985 passed by the Hon'ble Supreme Court of India, in which it has been held as follows:-
“ It is stated by Mr. K.V. Vishwanathan, learned senior counsel appearing on behalf of the applicant/Federation of Automobile Dealers Association that 1,05,000 twowheelers, 2250 passenger cars and 2000 commercial vehicles are there which have been sold but not registered through out India. Unsold vehicles are stated to be 7,00,000 two wheelers, 15,000 passenger cars and 12,000 commercial vehicles.
With the consent of Mr. A.N.S. Nadkarni, Learned Additional Solicitor General and Mr. K.V. Vishwanathan, Learned Senior Counsel, it is ordered that sold vehicles be registered by the concerned authorities by 30.04.2020. However, at the same time we direct the applicant to furnish details of the purchasers, on affidavit, of the
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aforesaid vehicles through e-mail, within seven days from today. Details of registration shall also be furnished to this Court.
With respect to unsold vehicles as the manufacturer should have been ready because of deadline set for BS-VI compliant vehicles, there is no justification to extend the time which was fixed long time ago. This is not something new which has occurred, it would be further injurious and further burden on human health to be caused by pollution of BS-IV vehicles when BS-VI vehicles are supposed to be produced by the manufacturers well in advance considering the deadline of 31st March, 2020.
It is stated that there are 7,00,000 two-wheelers which are unsold through out India with different dealers. Similarly, passenger vehicles are 15,000 and commercial vehicles are 12,000. In Delhi and NCR region, we are not allowing sale and registration of these kind of vehicles
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any more. However, in the remaining part of the country, due to the situation which has arisen due to lockdown, it is ordered that not beyond 10% of the vehicles, except with the Dealers in Delhi and NCR region, are permitted to be sold out of the aforesaid number of vehicles to make
up the good of six days which were available before the lock-down has been ordered in the country. Details of the sale shall be furnished by the applicant and there shall be no violation of the order passed by this Court. Sales to be done within ten days of the lifting of the lock-down operating in the concerned cities and not beyond it and on an affidavit number of vehicles sold shall be stated by the applicant/Federation of Automobile Dealers Association and only those vehicles shall be permitted to be registered about which affidavit is filed. If out of the vehicles which are permitted to be sold some of them remain unsold then obviously there is no question of any further extension of time for sale of these kind of vehicles. Particulars shall be given on an affidavit with engine and
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chassis numbers by the applicant/Federation of
Automobile Dealers Association of the sale of vehicles before the registration is made, within seven days of the
sale.”
It is further stated that by another order dated 09.04.2021 in Writ Petition (Civil) No. 13029 of 1985, the Hon'ble Supreme Court of India had passed orders relating to certain specific BS-IV compliant vehicles, and the Petitioner could seek necessary orders only from the Hon'ble Supreme Court of India in that regard.
In fine, the Writ Petition is dismissed. No costs.
06.01.2023
NCC : Yes/No Index : Yes/No Internet : Yes/No pkn
Note: Issue order copy by 25.01.2023.
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W.P. (MD) No. 14984 of 2022
P.D.AUDIKESAVALU,J.
pkn
TO:
W.P. (MD) No. 14984 of 2022
06.01.2023
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1 issue framed by the court
Whether the Writ Court can direct the RTO to register a BS-IV vehicle sold before the Supreme Court's order dated 27.03.2020.
Colour shows how this judgement treated each authority
Supreme Court of IndiaReferred¶20
Writ Petition (Civil) No. 13029 of 1985
N.Sakthivel
The Regional Transport Officer, Namakkal North Transport Office, Namakkal District
The Regional Transport Officer, Palani Regional Transport Office, Dindigul District
P.D. Audikesavalu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
