IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 34807 OF 2025 (MV)

BETWEEN:

K R SURESH KUMAR, AGE 60 YEARS, S/O K V RAMAKRISHNAN, KALLADA TOURS AND TRAVELS, NO. 14, HOSUR MAIN ROAD, MADIVALA, BENGALURU - 560 068.

…PETITIONER (BY SRI. NAGESHA M.E.,ADVOCATE)

AND:

Digitally signed by 1. THE REGISTERING AUTHORITY AND MAHALAKSHMI B M THE REGIONAL TRANSPORT OFFICER, Location: HIGH COURT OF ELECTRONIC CITY, KARNATAKA PIN - 560 100.

2. THE SECRETARY, STATE TRANSPORT AUTHORITY, TTMC BUILDING, K H ROAD, BENGALURU - 560 027.

…RESPONDENTS (BY SRI. RASHMI M RAO.,HCGP)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS AND ISSUE A WRIT OF MANDAMUS DIRECTING THE 1 RESPONDENT TO CANCEL THE REGISTRATION CERTIFICATE OF THE VEHICLE NO.KA-51/AB-4007 FORTHWITH AS PRAYED FOR UNDER ANNEXURE - C DTD

26.10.2024 AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

ORAL ORDER

Learned Addl. Government Advocate accepts notice for respondent Nos.1 and 2.

2. The petitioner has approached this Court seeking a writ of mandamus directing respondent No.1 to cancel the Registration Certificate of the vehicle bearing No.KA-51/AB-4007, on basis of his representation dated 26.10.2024 (Annexure-C), in terms of Section 55 of the Motor Vehicles Act, 1988 (for short 'the Act of 1988').

3. The petitioner claims to be the registered owner of tourist vehicle bearing No.KA-51/AB-4007. He had obtained a tourist permit for the year 2018-19 and was operating the vehicle by complying with the permit conditions by paying the tax regularly. Due to COVID-19 pandemic lockdown from 24^th March, 2020, the vehicle remained off the road. The petitioner therefore, surrendered the vehicle documents for tax exemption on 30.03.2020, indicating that the vehicle was stationed at a garage at Nagercoil, Tamil Nadu. Annexure-A is the acknowledgment issued by respondent No.1 in this regard. Subsequently, the RTO, Nagercoil, Tamil Nadu, issued a report dated 10.11.2022 stating that the vehicle remained off road from 01.04.2020 to 09.11.2022 due to the lockdown.

4. It is the petitioner's grievance that owing to continuous non-use, the vehicle's engine has become completely non functional. Consequently, he submitted a letter/representation dated 26.10.2024 (Annexure-C) requesting cancellation of the Registration Certificate. However, respondent No.1 has not considered or acted upon the said request.

5. Learned High Court Government Pleader appearing for the respondents submits that the petitioner's representation dated 26.10.2024 (Annexure-C) will be considered in accordance with Section 55 of the Act of

1988.

6. In view of the above submission, the grievance of the petitioner would stand redressed, if necessary direction is issued to respondent No.1 to consider the same and accordingly, this Court pass the following:

ORDER

i) The writ petition is disposed of ii) Respondent No.1 is directed to consider the petitioner's letter/representation dated 26.10.2024 (Annexure-C) seeking cancellation of the Registration Certificate of the vehicle bearing No.KA-51/AB-4007, having due regard to the acceptance of surrender dated 30.03.2020 (Annexure-A)

and the report of the RTO of Nagercoil, Tamil Nadu dated 11.04.2025 (Annexure-F) and pass appropriate orders strictly in accordance with law, within a period of four(4) weeks from the date of receipt of a certified copy of this order.

Sd/-

_____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 24