Kerala High Court
Ranjith V.R vs The Joint Regional Transport Officer on 24 June, 2025
WP(C) NO. 6119 OF 2025 1
2025:KER:45715
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 24TH DAY OF JUNE 2025 / 3RD ASHADHA, 1947
WP(C) NO. 6119 OF 2025
PETITIONER:
RANJITH V.R.,
AGED 39 YEARS
S/O. RAJAN V. R., VALUPARAMPIL HOUSE, ETHITHANAM P.O.,
KURICHY, THURUTHY, KOTTAYAM DISTRICT, PIN - 686535
BY ADVS.
SRI.P.A.ABHILASH
SHRI.BOBBY K.PAUL
RESPONDENTS:
1 THE JOINT REGIONAL TRANSPORT OFFICER,
THE SUB REGIONAL TRANSPORT OFFICE, REVENUE TOWER,
3RD FLOOR, T.B. ROAD, CHANGANASSERY P.O., KOTTAYAM
DISTRICT, PIN - 686101
2 THE REGIONAL TRANSPORT AUTHORITY,
THE SUB REGIONAL TRANSPORT OFFICE, REVENUE TOWER,
3RD FLOOR, T B ROAD, CHANGANASSERY P.O., KOTTAYAM,
REPRESENTED BY SECRETARY, PIN - 686101
SRI. SREEJITH V.S., GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 6119 OF 2025 2
2025:KER:45715
JUDGMENT
The petitioner challenges Ext.P3 order proceedings by the Additional Registering Authority and Sub Regional Transport Officer, Changanasserry, rejecting his application for a new registration for the vehicle having chassis number MAT476113K0G10361 and temporary registration number KL/33/TMP/2019/5160. It is submitted that the said vehicle was purchased on 11.10.2019.
2. When the registered owner produced the vehicle for inspection for permanent registration, the following defects were noticed:
1) The temporary registration KL/33/TMP/2019/5160 taken on 11.10.2019 was not renewed.
2) As per Form 22 the Emission norms of the vehicle is BS IV. The cut off date for registration of BS IV vehicles was 31st March 2020.
3) Vehicle body built from S M Kannappa Automobiles (P) Ltd on 12.10.2022 and delivery taken form body builder on 22.08.2024. As per CMVR 125C (&) Fire Alarm and Protection System in occupant compartment as per AIS 135 not fitted, which is compulsory with effect from 1st October 2023 for Type III buses of category M3.
2. As far as the first defect is concerned, this Court in Muhammad and others v. Joint Regional Transport Officer and WP(C) NO. 6119 OF 2025 3 2025:KER:45715 other [2012(2) KHC 214] found that there is no mandate to have a valid temporary registration to have a permanent registration certificate. It was also held that the temporary registration certificate, even if expired, would indicate who the owner is, the details of the vehicle, from where it was purchased and also the authority that gave the temporary registration. Accordingly, it was found that the word 'valid' in clause (ii) of sub-Rule (5) of Rule 95 of the Kerala Motor Vehicles Rules, 1989 was liable to be struck down. Given the above, the defect number 1 noticed above does not survive. However, it is made clear that the petitioner will be under the obligation to pay the compounding fee, if any applicable.
3. As far as the second defect is concerned, the Honourable Supreme Court in its order dated 18.09.2020 in MC Mehta v. Union of India and others [W.P.(C) No.13029/1985] found that the vehicles purchased up to 31.03.2020 and which are BS-IV compliant and if the sale of which has been uploaded on e-vahan portal before 31.03.2020, the same can be registered by the concerned transport authorities provided that the temporary/permanent registration was granted WP(C) NO. 6119 OF 2025 4 2025:KER:45715 before the cut off date, i.e., 31.03.2020. In view of the above, the second defect noticed also cannot stand the test of law.
4. As regards the third defect noticed, it will be for the Registering Authority to satisfy itself as to whether the Fire Alarm and Protection System in the occupant compartment as per AIS 135 is fitted, which is compulsory with effect from 01.10.2023 for Type III buses of category M3. It will be for the petitioner to satisfy the Registering Authority as to the compliance of the third defect noticed.
5. In view of the above, the writ petition is allowed, and Ext. P3 is hereby quashed to the extent it relates to defects 1 and 2 referred to above. As far as third defect is concerned, the 1st respondent - Registering Authority will hear the petitioner and on the petitioner satisfying that the defect notices in serial No.3 referred above is either cured or inapplicable to the petitioner, the Registering Authority will pass suitable orders in accordance with law, within two months from the date of receipt of a copy of this judgment. WP(C) NO. 6119 OF 2025 5
2025:KER:45715 Ext.P3 is quashed to the above extent and the writ petition is allowed in part.
Sd/-MOHAMMED NIAS C.P. JUDGE lsn WP(C) NO. 6119 OF 2025 6 2025:KER:45715 APPENDIX OF WP(C) 6119/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE TEMPORARY REGISTRATION CERTIFICATE DATED 11/10/2019 OF THE VEHICLE BEARING TEMPORARY REGISTRATION MARK KL/33/TMP/2019/5160 Exhibit P2 THE TRUE COPY OF THE APPLICATION FOR REGISTRATION OF A MOTOR VEHICLE FORM 20 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P3 THE TRUE COPY OF THE ORDER NO. R1/5160/2024/KC DATED 03/01/2025 Exhibit P4 THE TRUE COPY OF JUDGEMENT DATED 09/02/2012 OF THE HON'BLE HIGH COURT OF KERALA IN WRIT APPEAL NO.1490 OF 2011 AND CONNECTED CASES Exhibit P5 THE TRUE COPY OF THE ORDER DATED 18/09/2020 IN I.A NOS 85655 AND 85658/2020 IN WRIT PETITION CIVIL NO.13029/1985 OF THE HON'BLE SUPREME COURT Exhibit P6 THE TRUE COPY OF THE NOTIFICATION G.S.R.337 (E) DATED 28/4/2023 ISSUED BY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS