B MAHESH JYOTHI Vs. STATE OF KERALA

JUDGEMENT

(1.) The common question that arises for consideration in all the above original petitions is as to whether a number notified for advance reservation under Rule 95(2) of the Kerala Motor Vehicle Rules (hereinafter referred to as 'the Rules'), if it is reserved under R. 95(4) of the Rules by one or more persons by paying the prescribed fee on a particular day, shall remain open for reservation by any other person on any other day.

(2.) Heard the learned counsel for the petitioners, respondents and the learned Government Pleader.

(3.) Rule 95 of the Rules deals with the reservation of fancy registration numbers. Sub-rule (1) of Rule 95 says that the fancy registration numbers can be reserved on application by the owner of a vehicle. Sub-rule (2) says that the Transport Commissioner may notify the fancy numbers to be allotted by advance reservation under sub-rule (1). Sub-rule (3) says that any number other than those notified under sub-rule (2) also can be reserved under sub-rule (1) if any person so applies. Sub-rule (4) stipulates that an application under sub-rule (1) shall be accompanied by a fee of rupees one thousand (presently the amount is rupees five thousand) and if more applications than one are received on the same day for a particular registration number, the number shall be allotted to the highest bidder in an auction to be conducted in the manner laid down by the Transport Commissioner. Sub-rule (5) says that reservation of a particular registration number under sub-rule (1) shall be made within the range to 250 numbers immediately following the last number registered in the serial order. Sub-rule (6) says that the registering authority shall notify for the information of the applicants the date, time and place of the auction.