IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.11.2021

CORAM

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR

W.P. No. 12409 of 2021

and

W.M.P. No. 19018 of 2021

Sakthi Vinayaka Engineering Works,

Represented by its Proprietor,

P.Loganathan, M/53,

S/o.Palanisamy Gounder,

No.1-A, Erode Road,

Vengamedu, Perundurai - 638 052,

Erode District.

...Petitioner

-Vs-

1.The Principal Secretary / Transport Commissioner,

Transport Department, Ezhilagam,

Chepauk, Chennai - 600 005.

2.The Regional Transport Officer,

Perundurai, Erode District.

3.The Senior Deputy Director and Head

Homologation, Management, Regulation

and Vehicle Evaluation,

P.M.Transport Bhawan North,

New Delhi.

...Respondents

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.

For Petitioner

:

Mr.C.Prakasam

For Respondents

: Mrs.Akila Rajendran

Government Advocate for R1&R2

Mr.Rajesh Vivekanthan for R3

O R D E R

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.

https://hcservices.ecourts.gov.in/hcservices/

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

resp