KANIF MOTORS Vs. REGIONAL TRANSPORT OFFICER

JUDGEMENT

(1.) The petitioner states that they are dealers of Motor Bikes. On 19.3.2020, they sold a MV Augusta MotorBike to a certain Siyad T.A and uploaded the sale particulars to the VAHAN Portal on the same day itself. The petitioner is stated to have remitted the road tax for the vehicle for the period from 19.3.2020 to 31.12.2034 and this fact is evident from Exhibit P2 tax token. They contend that lockdown was declared on 25.3.2020 and hence, they were able to pay the road tax only on 2.4.2020 as all offices remained closed. The petitioner then approached the respondent and requested to complete the process of registration. However, registration was refused stating that the Hon'ble Supreme Court has interdicted the registration of BS IV vehicles after 31.3.2020. However, thereafter by order dated 3.8.2020, the Apex Court permitted registration of such vehicles which were temporarily registered before the lockdown and whose registration could not be completed due to the lockdown. In the said circumstances, the petitioner approached the respondent and submitted Exhibit P4 request. The petitioner contends that registration was refused on the ground that only vehicles which have been temporarily registered prior to 31.3.2020 could be registered in the light of the order passed by the Supreme Court. It is in the above backdrop that the petitioner has approached this Court seeking a direction to the respondent to effect the registration of the vehicle the sale of which was completed prior to 31.3.2020 as is evident from Exhibit P1 Sale particulars.

(2.) I have heard Sri. V.B. Harinarayanan, the learned counsel appearing for the petitioner and the learned senior Government Pleader.

(3.) Sri.K.P.Harish, the learned senior Government Pleader appearing for the State submitted that the records produced by the petitioner along with the writ petition which include the sale particulars and tax token would show that they had sold the vehicles prior to the cutoff date. 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. It is also submitted that there are no materials to suggest that the petitioner has made any attempts to defeat the orders of the Supreme Court.