SIJO JOHN Vs. REGIONAL TRANSPORT OFFICER

JUDGEMENT

(1.) The petitioners in these cases have purchased vehicles conforming to the emission standard of Bharat State (BS-IV) and those vehicles have been temporarily registered by the registering authority. They have approached this Court aggrieved by the refusal on the part of the Registering Authority in registering their vehicles. They contend that it is pursuant to the directions issued by the Hon'ble Supreme Court in W.P. (C) No.13209 of 1985 that directions were issued by the Ministry of Road Transport and Highways ('MoRTH' for short) that vehicle registration through the 'PARIVAHAN' site maintained by the National Informatics Center ('NIC' for short) shall not be carried out after 31.3.2020. The petitioners contend that they had purchased the vehicles much prior to the cutoff date and they had obtained temporary registration as well. They were not in a position to register the vehicle and obtain certificate of registration under Rule 48 of the Central Motor Vehicle Rules, 1989 since the offices of the Registering Authority were closed due to the restrictions imposed on account of the COVID-19 pandemic.

(2.) Sri.Bimal K.Nath and Sri.K.P.Harish, the learned Government Pleaders appearing for the State submitted that the records produced by the petitioners along with the writ petitions which include the purchase invoice, vehicle insurance certificate, certificate of temporary registration under Rule 94 of the Kerala Motor Vehicles Rules, 1989 etc., would show that they had purchased the vehicles prior to the cutoff date and those vehicles were temporarily registered with the registering authority. It is submitted that the vehicles could not be registered owing to the fact that the offices of the registering authority were closed owing to the pandemic. It is submitted that attempts made by the Registering authority to access the 'PARIVAHAN' site thereafter proved futile. They also submitted that there are no materials to suggest that the petitioners have made any attempts to defeat the orders of the Supreme Court.

(3.) The NIC as well as the MoRTH were impleaded as additional respondents to ascertain their stand.