N VASANTHA KUMAR Vs. R T O KOLAR

JUDGEMENT

(1.) By consent of learned counsel, this writ petition is treated as having been posted for hearing and I have heard them.

(2.) When a motor vehicle's owner, who ceases to reside or has his place of business at the address recorded in the Certificate of Registration of that vehicle, the same being outside the State of Karnataka, makes an application under S.30 of the Motor Vehicles Act, 1939 (for short 'the Act'), to the jurisdictional registering authority in the State of Karnataka seeking entry of his changed address in the Certificate of Registration of that vehicle, can such registering authority refuse to make the required entry on the ground that the requirement of R.216 of the Karnataka Motor Vehicles Rules, 1963 (for short 'the Rules'), relating to providing of minimum number of seats in the vehicle concerned, has not been complied with, is the short point, which arises for decision here.

(3.) One L.G. Padmanabhan Reddy of Nellore in Andhra Pradesh, who got his motor vehicle with 54 passengers seating capacity, registered with the motor vehicles' registering authority at Nellore, on 2-5-1984, with registration No. AAN 9261, obtained a Certificate of Registration therefor. His address, as found in the Certificate of Registration, was of Nellore. The petitioner in this writ petition, N. Vasanth Kumar, who purchased that vehicle from L.G. Padmanabha Reddy on 17-6-1987, obtained from the Nellore registering authority a 'No Objection Certificate' for removing that vehicle to Madras, in that, he had given his address as "No. 405, Mint Street, Madras-79". On 18-6-1987, the petitioner obtained from the Madras registering authority (Regional Transport Officer, Madras West) transfer of ownership of that vehicle to his name and got his name entered in the Certificate of Registration of that vehicle as its registered owner. On that very day, he having made an application under S.32 of the Act before the same registering authority, got the seating capacity of that vehicle reduced from 54 to 37 and also obtained the necessary endorsement in the Certificate of Registration of that vehicle. Further, he having obtained from the same registering authority, a 'No Objection Certificate' for removing the vehicle from Madras in Tamil Nadu to Chintamani in Kolar District of the State of Karnataka, removed the vehicle to Chintamani. On 24-6-1987, he made an application in Form-E of the I Schedule to the Act, before the Kolar registering authority (Regional Transport Officer, Kolar - the respondent) and sought from the latter effecting of an entry in the Certificate of Registration of the vehicle relating to the change of his address as "M.G. Road, Chintamani". The respondent, by his endorsement dated 27-6-1987 issued to the petitioner, gave an intimation to the effect that the entry relating to the change of address in the Certificate of Registration sought for by him, could be effected only after he complies with the requirement of R.216 of the Rules relating to providing of minimum seating capacity in the vehicle concerned. The petitioner has impugned in this writ petition, the said endorsement and has sought for issue of a writ or direction in the nature of mandamus to the respondent directing him to enter the changed address of the petitioner in the Certificate of Registration of the vehicle bearing registration No. AAN 9261, as sought for.