Timely application for registration transfer, despite vehicle's registration expiry due to administrative delay, does not preclude transfer rights.

JUDGMENT :

MOHAMMED NIAS C.P., J.

The petitioner, the proprietor of M/s. Angel Marketing is aggrieved by the inaction of respondents 2 to 4 in not taking the necessary steps to transfer the registration of an Ambassador car bearing Registration No. KL-01-AZ-163, which was purchased by him in an auction from the 5^th respondent. The petitioner purchased the said vehicle, which was under the ownership of the Government Central Press, in an auction sale conducted on 04.07.2025 pursuant to proceedings issued by the Director of the Printing Department, granting sanction by letter dated 04.06.2025, and conducted through M/s. MSTC (Metal Scrap Trade Corporation Ltd.). The car was put up for online auction, and the petitioner, being the highest bidder, offered a sum of Rs.1,06,002/-. The sale was confirmed in his favour, and the entire amount, inclusive of GST, was remitted. Thereafter, the Director of Printing passed Ext.P2 order dated 11.08.2025, releasing the vehicle to the petitioner.

2. The petitioner immediately applied under Section 50 of the Motor Vehicles Act, along with the relevant records, before the 4^th respondent. The 4^th respondent conducted a personal hearing; however, the transfer was not effected as the petitioner was unable to remit the fee required through the 'Parivahan portal', since the tax particulars had not been updated, the vehicle being a Government vehicle exempted from payment of road tax. The hearing was conducted by the 4^th respondent on 16.08.2025 itself, but no steps were taken to update the tax details of the vehicle, and consequently, the transfer was not materialised. Ext.P3 letter was issued by the 5^th respondent to the 4^th respondent requesting updation of the registration validity particulars of the vehicle, and the petitioner also submitted Ext.P4 representation dated 25.08.2025 seeking immediate intervention.

3. The certificate of registration of the said car was originally valid for a period of fifteen years and expired on 17.08.2025. The petitioner contends that both the purchase of the vehicle and the application for change of ownership were made while the registration was valid. The fee could not be remitted as the tax details were not updated in the Parivahan portal, and due to the delay on the part of respondents 2 to 4, the petitioner was unable to effect the transfer of ownership before the expiry of the registration. The petitioner therefore prays that respondents 2 to 4 be directed to take immediate steps to transfer the registration and ownership of the car bearing No. KL-01-AZ-163 in favour of the petitioner with effect from 16.08.2025 and to make the necessary updates in the Parivahan portal pertaining to the vehicle.

4. In the statement filed by the 2^nd respondent, the Transport Commissioner, contended that the vehicle falls under the category of a Government-owned vehicle and that the certificate of registration expires on completion of fifteen years from the date of first registration, which in the present case is 18.08.2010, in accordance with Rule 52A of the Central Motor Vehicles Rules, 1989, which came into force with effect from 01.04.2023. As per the said mandate, the validity of the certificate of registration is not renewable, and the vehicle is required to be scrapped.

5. It is further submitted that the representation submitted by the petitioner dated 25.08.2025 was forwarded to the Joint Regional Transport Officer, Punalur, and as per his report, the petitioner appeared for a hearing on 16.08.2025, a day before the expiry of the validity of the registration certificate. The petitioner was advised to submit an online application for transfer of ownership through the PARIVAHAN portal along with remittance of the applicable fees. However, the petitioner did not submit any such application and did not contact the Joint Regional Transport Officer thereafter until 18.11.2025.

6. The Joint Regional Transport Officer has reported that since the vehicle was originally registered at t