Back
2021 Supreme(Mad) 2303
IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. SURESH KUMAR, J.
Sakthi Vinayaka Engineering Works, Represented by its Proprietor, Erode District – Appellant
Versus
The Principal Secretary/Transport Commissioner, Transport Department, Ezhilagam, Chepauk, Chennai & Others – Respondents
W.P. No. 12409 of 2021 & W.M.P. No. 19018 of 2021
Decided on : 18-11-2021
Advocate Appeared:
For the Appellant :C. Prakasam, Advocate.
For the Respondents:Akila Rajendran, Rajesh Vivekanthan, Advocate.
Headnote:
Central Motor Vehicles Rules, 1989 – Rules 47 - Motor Vehicles Act, 1988 – Section 2(46) and 2(28) – Motor accident -Claim compensation - Petitioner is running a manufacturing unit for manufacturing of trailers drawn by agricultural tractors - Previously, Regional Transport Authorities after registering tractors, register trailers by making endorsement in R.C. Book, after verification of parking brake system, whether fitted in trailer or not - Government of India brought an amendment in Rule, i.e., Central Motor Vehicles Rules, that details of every vehicle shall be put into web portal - Even though, said Rule has been kept in abeyance, on representation made by tractor manufacturers before Government of India for certain period, since they required to change over mechanism in Tractor Hydraulics Braking System and to be extended for trailers, said Amendment Rules came into force - In view of Aforestated amendments made in Rules, agriculturalists who purchased tractor trailer approached Regional Transport Officer concerned to get registration along with tractor, they would insist upon that, as per amended rule, trailer also should get a Homologation Portal approval, without which, trailer concerned along with tractor cannot be registered or endorsement would not be made in R.C. Book along with registration certificate of tractor concerned – Held, if court look at the language used in Motor Vehicles Act, 1988 especially in context of Sections 2(28) and 2(46), this Court is of view that, tractor once registered, attached trailer also should be registered along with tractor, as the trailer will not have a separate power of propulsion - Hence, insistent of separate Homologation Portal approval for trailer alone for purpose of registering same or endorsing same in R.C. Book attached with the tractor concerned, in considered view of this Court, may not be required or necessary - In that view of matter, this Court feels that, there can be no impediment for respondents Registering Authorities of State Motor Vehicles Department to register trailer attached with tractor if the tractor, being a motor vehicle or vehicle, has fulfilled parameters i.e., registration in the Portal etc., as has been contemplated under Rule 47(3) of Rules and therefore, in respect of trailer is concerned, separate Homologation Portal approval may not be required - With these observations and directions, this Writ Petition is ordered accordingly - Consequently, connected Miscellaneous Petition is closed.
JUDGMENT :
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus directing the first and second respondents to register the trailers without insisting the petitioner to produce Homologation Portal approval.)
1. The prayer sought for herein is for Writ of Mandamus directing the first and second respondents to register the trailers without insisting the petitioner to produce Homologation Portal approval.
2. The petitioner is running a manufacturing unit for manufacturing of trailers drawn by the agricultural tractors. Previously, the Regional Transport Authorities after registering the tractors, register the trailers by making endorsement in the R.C. Book, after verification of the parking brake system, whether fitted in the trailer or not.
3. However, the Government of India brought an amendment in Rule, i.e., Central Motor Vehicles Rules in the year 2015, that the details of every vehicle shall be put into web portal after 2015. Even though, the said Rule has been kept in abeyance, on the representation made by the tractor manufacturers before the Government of India for certain period, since they required to change over the mechanism in the Tractor Hydraulics Braking System and to be extended for the trailers, the said Amendment Rules came into force after 01.02.2016.
4. The Government of India also brought amendment in the Rules, i.e., The Central Motor Vehicles Rules by issuing notification, dated 15.06.2015.
5. In view of the aforestated amendments made in the Rules, the agriculturalists who purchased the tractor trailer approached the Regional Transport Officer concerned to get registration along with the tractor, however they would insist upon that, as per the amended rule, the trailer also should get a Homologation Portal approval, without which, the trailer concerned along with the tractor cannot be registered or endorsement would not be made in the R.C.Book along with the registration certificate of the tractor concerned.
6. When such a situation was faced by the petitioner, the petitioner already approached this Court by filing a Writ Petition in W.P. No. 1536 of 2021, where, the stand taken by the respondent Transport Department was that, insofar as the plea of the petitioner to register the trailer of the tractor concerned, there can be no impediment for the Regional Transport Officer concerned to register the same, provided they must apply online for "R2" type trailer through Homologation Portal approval and based on that, the respondent will register the trailer.
7. Recording the same, a learned Judge of this Court, by order dated 10.03.2021 disposed the said Writ Petition in W.P. No. 1536 of 2021 by passing the following order:
"2. When the matter has been taken up for hearing, Mr.Annai Ezhil, learned Government Advocate appearing for the respondents would submit that there is no impediment for the respondents in registering the Trailers and any person who is seeking for registration of Trailer must apply online for "R2"type Trailer through Homologation Portal approval and based on that the respondent will register their Trailer. A counter affidavit is also filed to that effect.
3. By recording the said submission, the writ petition is disposed of. No costs."
8. Pursuant to the said order passed by this Court, the petitioner made an application on 12.04.2021 to the third respondent to issue a Homologation Portal approval and the reminder also had been sent by the petitioner, however, nothing was forthcoming from the third respondent.
9. When the petitioner further enquired, he claimed to have come to know that, the system of getting Homologation Portal approval as per the amendment made in the Central Motor Vehicles Rules has been done away or kept in abeyance in rest of the Country except in the State of Tamil Nadu, where, according to the petitioner, they unnecessarily insisting upon to get the Homologation Portal approval.
10. Therefore, in this circumstance
