IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

THURSDAY, THE 11 TH DAY OF SEPTEMBER 2025 / 20TH BHADRA, 1947 WP(C) NO. 31053 OF 2025 PETITIONER:

ARJUN.PV., AGED 26 YEARS S/O P.C ANEESHKUMAR, JAYA NIVAS, PALAKULANGARA, TALIPARAMBA, KANNUR, KERALA, PIN - 670141 BY ADVS.

SHRI.S.ARUN RAJ SMT.VAISHNAVI P.

RESPONDENTS:

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, TRANSPORT DEPARTMENT, SECRETARIAT, THIRUVANTHAPURAM, PIN - 695001

2 THE TRANSPORT COMMISSIONER, OFFICE OF THE TRANSPORT COMMISSIONER, MOTOR VEHICLES DEPARTMENT, STATE OF KERALA, VAZHUTHACUD, THIRUVANTHAPURAM, PIN - 695001

3 REGIONAL TRANSPORT OFFICER (RTO), OFFICE OF THE RTO, CIVIL STATION, COLLECTORATE ROAD, TALAP, KANNUR, KERALA, PIN - 670002

4 SUB-REGIONAL TRANSPORT OFFICER, OFFICE OF THE SUB-RTO, 6/140 N, KATTI COMPLEX , MANNA, THALIPARAMBA, KANNUR, KERALA, PIN - 670141

5 THE SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAWAN, 1, PARLIAMENT STREET, NEW-DELHI, PIN - 110001 BY ADV SHRI.N.J.ASHWIN, CGC SRI. SREEJITH V.S., GP.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.09.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The writ petition is filed with the following prayers: “i)Issue a writ of mandamus, or any other appropriate writ, order or direction, commanding the 3rd respondent to forthwith complete the registration process and issue the permanent registration certificate for the vehicle with registration number KL-13-BA-4339, without any further delay, in strict compliance with the provisions of the amended Section 40 of the Motor Vehicles Act, 1988; and ii) Pass such other and further directions in favour of the petitioner as this Hon’ble Court may deem fit and proper.”

2. Both sides submit that, as of now, the issue is covered by Ext.P8 judgment passed by this Court in W.P.(C) No.35424/2024, which held as follows:

11.Phrase “ any registering authority in the State” has been substituted for (“registering authority”) vide the amendment at 2019 with effect from 01.09.2019. Central Government has clarified the position by issuing the advisory in Ext.P4.

12.Therefore, considering the language implied in Section 40 of the MV Act and advisory issued by the Central Government, it is evident that the jurisdiction is in respect of the State and not in respect of the registering authority for registering the motor vehicle. A person residing in a State or have place of business in a particular State can get the motor vehicle registered by any of the registering authorities of that State. Therefore, the insistence by the 3rd respondent that since the petitioner does not have a residence or place of business within the jurisdiction of the 3rd respondent is contrary to the express provision of Section 40 of the MV Act and is unsustainable in law.

The present writ petition is allowed, and the 3rd respondent is directed to register the motor vehicle of the petitioner forthwith and also issue the fancy registration number KL 16 AC 1984.”

3. In such circumstances, there will be a direction to the 3^rd respondent to complete the process of registration and to grant a permanent Registration Certificate of the vehicle with the registration No.KL 13-BA-4339 in accordance with the provisions of the Motor Vehicles Act, 1988 and Ext.P8 judgment referred above. This shall be done within two weeks from the date of receipt of a copy of this judgment.

The writ petition is allowed as above.

Sd/-MOHAMMED NIAS C.P.

JUDGE lsn APPENDIX OF WP(C) 31053/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TEMPORARY REGISTRATION CERTIFICATE ISSUED ON 30-07-2025, IN FORM C.R TEM UNDER RULE 94(3)

Exhibit P2 TRUE COPY OF RECEIPT WITH FEE PAID HAVING ACKNOWLEDGMENT NUMBER ‘FNKL25083296295’

FOR THE BID Exhibit P3 TRUE COPY OF THE SCREENSHOT OF THE OFFICIAL CONFIRMATION MESSAGE Exhibit P4 TRUE COPY OF THE ALLOTMENT ORDER NO:

FNKL25083296295 DATED 11-08-2025 ISSUED BY THE

3RD RESPONDENT Exhibit P5 TRUE COPY OF THIS SMS COMMUNICATIO