IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
BABU T.N. – Appellant
Versus
THE TRANSPORT COMMISSIONER, MOTOR VEHICLE DEPARTMENT – Respondent
JUDGMENT
The petitioner is the owner of a 1984-Model Royal Enfield Bullet Motorcycle bearing Registration No. KRH 1947, originally registered before the Regional Transport Officer, Thrissur. He contends that the original Registration Certificate has been lost, and the petitioner had intimated the police, took out a paper publication along with the prescribed declaration and submission of the application for duplicate Registration Certificate to effect re- registration and remit the tax arrears.
2. He contends that the application has been kept pending on the ground that the old registers are missing/untraceable and that the digital database has no record of the vehicle.
3. The petitioner relies on Section 63 of the Motor Vehicles Act and Rule 53 of the Central Motor Vehicles Rules , including Form No.26 prescribed therein and contends that it is a mandatory and continuing statutory duty of the Registering Authority under the and the Rules to maintain and preserve the registration records.
4. A statement has been filed on behalf of the 2nd respondent contending that on verification of the records, it was found that no data relating to the said vehicle is available in the 'B' Register
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