THAMBI Vs. STATE OF KERALA

JUDGEMENT

(1.) A rival claim by proud owners of two motor vehicles for allotment of the same fancy registration mark has sparked off this controversy. The procedure contemplated under Rule 95 of the Kerala Motor Vehicles Rules, 1989 ('the Rules' for short) incidentally falls for consideration. I shall refer to the parties and exhibits in W.P.(C) No.912/2013 and the fourth respondent therein has filed W.P.(C) No.1837/2013.

(2.) The petitioner as well as the fourth respondent applied for reservation of the fancy registration mark - KL 01/BJ 7000 - in the requisite proforma along with the proof of remittance of reservation fee of Rs.25,000/-. The petitioner had in addition submitted a sealed cover containing an offer letter quoting an amount of Rs.10,600/- and a demand draft for half of the amount quoted was enclosed. An auction followed the tender process on 31.12.2012 wherein the petitioner bid for an amount of Rs.1000/- and the fourth respondent bid for an amount of Rs.2000/-. The fancy registration mark was eventually decided to be allotted to the petitioner since he was the highest bidder in the auction-cum- tender process. The quotation for Rs.10,600/- in the tender by the petitioner was obviously higher than the bid for Rs.2000/- in the auction by the fourth respondent and hence the decision. But the actual allotment was withheld by the Regional Transport Officer on the oral direction of the Transport Commissioner and the same is impugned in W.P.(C) No.912/2013. The fourth respondent contends that the auction was abruptly stopped when the bid reached Rs.2000/- and that he was even prepared to offer a bid of Rs.1,01,000/- for the registration mark. The fourth respondent has filed W.P.(C) No.1837/2013 seeking inter alia to conduct an auction afresh after fixing the floor price as Rs.1,01,000/- for allotment of the fancy registration mark.

(3.) I heard Mr.D.Kishore, Advocate on behalf of the petitioner, Mr.C.C.Thomas, Senior Advocate on behalf of the fourth respondent and Mr.C.S.Manilal, Senior Government Pleader on behalf of respondents 1 to 3.