SHARAFUDHEEN C.T. Vs. GOVERNMENT OF KERALA

JUDGEMENT

(1.) THE petitioner is the owner of a Jaguar Car bearing Engine No. 0536107306 DT and Chassis No. SALLSAAF 3BA293730 which he has imported as per Ext. P1. He has remitted the entire tax under the Kerala Value Added Tax Act evidenced by Ext. P2. The car is also covered by a valid policy of insurance. The petitioner has filed this writ petition aggrieved by the rejection of his application for permanent registration as per Ext. 6 order for the reason that the validity of Ext. P5 temporary registration has expired. The petitioner's representation Ext. P7 has not succeeded in evoking any positive response from the respondents. The petitioner has therefore filed this writ petition seeking appropriate orders for the registration of his vehicle. The counsel for the petitioner places his reliance on a Division Bench decision of this court in Muhammed V. Joint R.T.O., 2012 (2) KLT 78. In the said case also, a similar situation had arisen. This court has considered whether a valid temporary registration was necessary as a precondition for granting permanent registration to the vehicle. This court has after considering the entire issue, held as follows.

(2.) IN view of the above authoritative pronouncement, the petitioner is entitled to succeed. The learned Govt. Pleader also accepts the above legal position.