IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 32468 of 2009(C)
1. RAJASREE MOTORS PRIVATE LIMITED,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE JOINT REGIONAL TRANSPORT OFFICER,
For Petitioner :SMT. PREETHI RAMAKRISHNAN
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :23/11/2009
O R D E R
S.SIRI JAGAN, J.
==================
W.P(C).No.32468 of 2009
==================
Dated this the 23rd day of November, 2009
J U D G M E N T
The petitioner is a dealer in Mercedes Benz motor cars. A
customer, by name Sri.Kishore Kumar.G., wanted to purchase a car.
The petitioner raised an invoice in his name and obtained temporary
registration of the car in the name of Sri.Kishore Kumar.G. However,
after inspection of the car, the customer was not satisfied with the
paint work of the vehicle. Therefore, on his request, the car was
changed and another car was given to him and temporary registration
obtained for him in respect of the new car. Thereafter, the petitioner
sought cancellation of the earlier temporary registration in respect of
the first vehicle. The petitioner complains that the respondents are not
taking appropriate steps to cancel the temporary registration granted
in respect of the car bearing chassis No.WDD 2040416 L 012909 and
Engine No.27195031109191 in the name of Sri.Kishore Kumar.G. who
has not purchased the car, so that they can sell the car to another
prospective customer.
2. The learned Government Pleader, on instructions, submits
that in so far as there is no provision for cancellation of a temporary
registration, the respondents are unable to do the same. But the
Government Pleader submits that as per Section 43(2) of the Motor
2
Vehicles Act, a temporary registration is valid only for a period of one
month and is not renewable. The said period is already over.
Therefore, nothing prevents the petitioner from selling the vehicle to
another prospective customer and applying for temporary registration
in the name of that customer and that the earlier registration would
not stand in the way of the petitioner getting temporary registration in
respect of the same car in the name of the new customer. This
submission of the learned Government Pleader made on behalf of the
2nd respondent is recorded and the writ petition is disposed of.
In view of the same, the 2nd respondent shall consider and pass
orders on Ext.P4 application filed by the petitioner seeking temporary
registration of the car in the name of the new customer, as
expeditiously as possible, at any rate, within one week from the date
of receipt of a certified copy of this judgment.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge