ORDER :

1. “What can you do to promote world peace. Go home and love your family.” These are the words of mother Teresa. Families are like branches on a tree. We grow in different directions yet our roots remain as one. Family is also like music, some with high notes and some with low notes but always makes a beautiful song.

2. In this case, the petitioner purchased a brand-new motor car (KIA-CARENS) from the second respondent, who is the authorised distributor for KIA MOTORS. The Number ‘5252’ is the favorite number of the petitioner because it was the number of her old vehicle. The number of the vehicles of her loving husband and daughter is also ‘5252’. The petitioner intends to get ‘KL-07-DA-5252’ which would be available for bidding only after three months in the light of Rule 95 of The Kerala Motor Vehicle Rules 1989 (for short the ‘Rules 1989’). The petitioner purchased the vehicle and paid one time motor vehicle tax and also took out an insurance policy. Ext P1 is the tax invoice issued by the second respondent, Ext P2 is the temporary certificate of registration issued to the petitioner, Ext P3 is the E-Receipt showing the payment of one time motor vehicle tax and Ext P4 is the insurance policy taken by the petitioner from 9.11.2022 to 8.11.2025. The grievance of the petitioner is that after purchasing the vehicle and paying all the amount due to the dealer and other statutory authorities, the vehicle is not delivered due to the instructions from the 1st respondent, The Regional Transport Officer (Registering Authority, Ernakulam) that the vehicle cannot be plied using a temporary registration number. Hence, this writ petition.

3. Heard the counsel for the petitioner and the Government Pleader, who appeared for the 1st respondent.

4. After hearing both sides, I am of the prima facie opinion that the stand taken by the 1st respondent is sheer injustice to the petitioner. Section 43 of the Motor Vehicles Act 1988 (for short the ‘Act 1988’) provides for temporary registration of a motor vehicle. The above Section was substituted with effect from 1.4.2021 as per Act 32 of 2019. Ext P2 temporary certificate for registration was issued to the petitioner under the Act, 1988. An application for temporary certificate of registration is to be made in Form 20 appended to the Central Motor Vehicles Rules, 1989. According to the 1st respondent, the vehicle cannot be delivered to the petitioner until it is registered, i.e. permanently registered. The respondents are relying on the 2nd proviso to Section 41(1) of the Act, 1988. The proviso to Section 41(6) of the Act, 1988 states that in case of a new motor vehicle, the application for the registration of which is made under the second proviso to sub-section (1) of Section 41, such motor vehicle shall not be delivered to the owner until such registration mark is displayed on the motor vehicle in such form and manner as may be prescribed by the Central Government. The 2nd proviso to Section 41 of the Act, 1988 states that in case of new motor vehicle, the application for registration in the State shall be made by the dealer of such motor vehicle, if the new motor vehicle is being registered in the same State in which the dealer is situated.

5. A reading of Section 43 of the Act, 1988 will show that the temporary certificate of registration also carries a registration mark which is prescribed by the Central Government under Rule 53C of the Central Motor Vehicles Rules, 1989. In other words, the term ‘registration’ employed in the two provisos quoted above clearly takes within its ambit a temporary certificate of registration as well. Moreover, as per Rules 47 of the Central Motor Vehicles Rules, 1989 an application for registration, i.e. permanent registration of a motor vehicle shall be in Form 20 and shall be accompanied by temporary registration, if any. Therefore, a combined reading of the provisions referred above prima facie shows that the dealer can deliver a new motor vehicle to th