IMPORTANT POINT
The implementation of High-Security Registration Plates requires state approval through a transparent tender process, ensuring compliance with statutory provisions for public safety.

JUDGMENT :

D. K. Singh, J.

Heard Mr R Ramkumar (Senior), assisted by Mr S.M. Prasanth; Dr Aditya Sondhi (Senior) assisted by Mr Binoy Vincent; Mr Naveen R Nath (Senior) assisted by Mr Chelson Chambarathy and Mr P A Mohammed Shah, learned Counsel for the petitioners; Ms T C Krishna learned DSGI, Mr Vishnu J learned CGC; Mr P Santhosh Kumar learned Special Government Pleader; Mr P A Muhammed Shah; Mr Harikumar G, Mr Mangal Pandai; Mr Aman Preeth Singh, Mr Millu Dandapani; Mr Vishnu J; Mr N N Girija and Mr V S Abhishek learned Counsel for the respondents.

Prayers:

2. The prayers sought in these writ petitions are summed up as follows:

(i) Seeks directions to the respondents to issue High-Security Registration Plates to motor vehicles registered prior to 01.04.2019 on the strength of the Type Approval Certificate and provide access to the Vahan Portal.

(ii) Seeks directions to the respondents to strictly ensure and implement the affixation of registration mark/ High-Security Registration Plates on every motor vehicle as per Section 41(6) of the Motor Vehicles Act 1988 and rules 50, 51 and 124 of the Central Motor Vehicles Rules 1989 read with Regulation 36 of the Motor Vehicles (Driving) Regulations 2017.

(iii) To declare that a holder of a Type Approval Certificate issued by a testing agency authorized by the Centre is required to obtain approval from the State Government for issuing High-Security Registration Plates, which is violative of Articles 14, 19 and 21 of the Constitution of India.

(iv) Seeks direction to quash Advisory/Letter No.RT-11036/99/2020-MVL dated 09.06.2023 directing all States and Union Territories to take action against High-Security Registration Plates manufacturers fixing High-Security Registration Plates without authorisation from the State Government.

(v) Seeks direction to quash Advisory/Letter No.RT-11036/99/2020-MVL dated 08.01.2024, which clarifies that the State can implement the fixation of High-Security Registration Plates through the manufacturers and dealers if the State is unable to authorize the licence plate manufacturers.

(vi) Seeks direction to quash Government Order, G.O.(Rt) No.39/2024/Trans dated 24.01.2024.

(vi) To declare that the direction to close down the petitioner's online booking centres is violative of Articles 14, 19 and 21 of the Constitution of India and that a license plate manufacturer approved by a Central Agency under Rule 126 of the Central Motor Vehicles Rules can affix High-Security Registration Plates. [W.P.(C) No.7089/2023].

2.1 Since the common question of facts and law are involved in these petitions, they have been heard together and are being decided by the common judgment. The facts are briefly noted hereunder:

Facts:

3. The present batch of writ petitions have been filed primarily in respect of the implementation of High-Security Registration Plates (HSRP) in the State of Kerala on old vehicles manufactured prior to 01.04.2019 (around 75 lakhs) and the restrictions imposed by the State Government on implementing the HSRP on such vehicles. As per the petitioners' case, Rule 50 of the Central Motor Vehicle Rules 1989 read with HSRP Order, 2018 (as amended), the HSRPs are to be fixed by only those entities who are authorised by the State Government/Union Territories. Despite having the Type Approval Certificate (TAC), the State Government is not allowing the petitioners to affix HSRPs on motor vehicles manufactured prior to 01.04.2019.

3.1 The HSRP Scheme was introduced to enhance the security of motor vehicles and facilitate their identification through a standardised registration system. It is a necessary step towards improving road safety and curbing vehicle-related offences.

4. Before adverting to the respective submissions made on behalf of the petitioners, respondents, and interveners, it would be appropriate to take note of the important provisions of the Motor Vehicles Act 1988 (for short, the ‘MV Act’), the relevant Central Motor Vehicle Rules and the HSRP Orders, as we