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2022 Supreme(Online)(MAD) 12894
IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved On 07.07.2022 Pronounced On 18.07.2022 CORAM THE HON'BLE MR.JUSTICE C.SARAVANAN W.P.Nos.18865, 18868, 18869, 18872, 18873 & 18874 of 2021 W.P.No.18865 of 2021 M/s.TVS Sundram Iyengar & Sons Private Limited, Represented by its Executive Director, Mr.Sharath Vijayraghavan No.180, Anna Road, Chennai – 600 006. ... Petitioner Vs.
1.The Secretary, Transport Department, Government of Tamil Nadu, Ezhilagam, Chepauk, Chennai – 600 005.
2.Commissioner of Transport, Board of Revenue, Ezhilagam, Chepauk, Chennai – 600 005. 3.Regional Transport Office, Transport Department, Perundurai, Erode – 638 012. ... Respondents Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, to call for the records connected with Application N.Dis. XXX /A1/2020 on the file of the third respondent and the impugned order dated 16.09.2020 and quash the same and consequently direct the respondents to accept and grant registration as prayed for by the petitioner in the application dated 12.09.2020 and
24.09.2020.
For Petitioner : Mr.N.P.Vijay Kumar For Respondents : Mr.J.Ravindran Additional Advocate General assisted by Mr.U.Baranidharan Additional Government Pleader
C O M M O N O R D E R
By this common order, all the six (6) Writ Petition are being disposed. These Writ Petitions have been filed for issuance of a Writ of Certiorarified Mandamus to:-
i. call for the records of the impugned separate orders passed by the respective third respondent returning the applications filed by the petitioner for registration of vehicles; ii. quash the same; and iii.direct the respondents to register the BS-IV vehicles in the name of the petitioners.
2. Details of the impugned orders are tabled as follows:-
| W.P.No. | Date of the impugned order | Ref. No. of the impugned order | Name of the Vehicle | Name of the RTO |
| 18865/2021 | 16.09.2020 N.Dis.No.XXX/A1/2020 | Honda | Perundurari Erode | |
| 18868/2021 | 12.09.2020 N.Dis.No.18075/D1/2020 Volkswagen | Chennai | ||
| 18869/2021 | 12.09.2020 N.Dis.No.18074/D1/2020 | Honda | Chennai | |
| 18872/2021 | 12.09.2020 N.Dis.No.18076/D1/2020 | Honda | Chennai | |
| 18873/2021 | 12.09.2020 N.Dis.No.18077/D1/2020 | Honda | Chennai | |
| 18874/2021 | 16.09.2020 N.Dis.No.XXX/A1/2020 | Honda | Perundurari Erode |
3. The dispute in the present Writ Petitions arises on account of the multiple factors namely, the decision of the Hon'ble Supreme Court in M.C.Mehta Vs. Union of India and others, in W.P.(C) No.13029 of 1985, dated 24.10.2018 which came to be modified by the Hon'ble Supreme Court by two separate orders dated13.08.2020 and 30.11.2021 in the background of outbreak of Covid-19 Pandemic.
4. Details of the vehicles which are subject matter of the respective Writ Petitions are as under:-
| Sl. No. | W.P.No. | Vehicle Make | Year of Manufacture | Invoice of the Manufacturer |
| 1 | 18865/2021 | Honda City 1.5 ZX MT (i-DTEC) | January, 2017 | 27.01.2017 |
| 2 | 18868/2021 | Volkswagen Vento Highline 1.6 MPI | September, 2019 | 18.10.2019 |
| 3 | 18869/2021 | Honda City 1.5 VX MT (i-VTEC) | March, 2018 | 30.03.2018 |
| 4 | 18872/2021 | Honda City 1.5 ZX MT (i-DTEC) | January, 2017 | 27.01.2017 |
| 5 | 18873/2021 | Honda City 1.5 V MT (i- DTEC) | January, 2018 | 08.02.2018 |
| 6 | 18874/2021 | Honda City 1.5 ZX MT (i-DTEC) | August, 2018 | 30.08.2018 |
5. The Hon'ble Supreme Court in M.C.Mehta Vs. Union of India and others, in W.P.(C) No.13029 of 1985, dated 24.10.2018 had earlier held as under:-
31.Therefore, in exercise of the power vested in this Court under Article 142 of the Constitution, we read down sub-rule 21 of Rule 115 and direct that sub- rule 21 or Rule 115 shall be interpreted and understood to read that no motor vehicle conforming to the emission standard Bharat Stage-IV shall be sold or registered in the entire country with effect from 01.04.2020.
6. This order was partially modified by the Hon'ble Supreme Court by its order dated 13.08.2020 taking note of the difficulties faced by the dealers in registering the motor vehicles on account of lock down imposed due to Covid-19 Pandemic. By its order dated 13.08.2020, the Hon'ble Supreme Court observed as follows:-
Heard learned counsel for the parties at length.
Considered the rival arguments. The lockdown was imposed from 25.03.2020. The sales data has been furnished for the lockdown period by FADA and Non-FADA Members for the period with effect from 15.03.2020. There are unusually a large number of transactions, which had taken place during the lockdown period inter se dealers, which cannot be recognised for the purpose of actual sales and registration. We disallow the registration on the basis of such kind of transactions inter se dealers. As they are not sales to the customers and registration of these kinds of vehicles cannot be allowed, there is a ploy to misuse of the order and such vehicles cannot be permitted to be sold in market now. They are not genuine transactions of the sale to the customers. Hence, no registration of such kind of vehicles shall be made, which were sold inter se dealers during the lockdown period.
Apart from that, there are large number of vehicles, sales of which were not uploaded on E-
Vaahan Portal. Since, sales were not uploaded, as required, the transactions cannot be recognised as
