Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH FRIDAY, THE 2ND DAY OF FEBRUARY 2024 / 13TH MAGHA, 1945 WP(C) NO. 3298 OF 2024 PETITIONER:
SWISS GROUP INDIA PVT LTD GROUND FLOOR, PROVIDENCE MALL NO.7, VENKATA, SUBHA REDDIAR SALAI, PUDUCHEWRRY, REPRESENTED BY THE DIRECTOR, SULAIMAN SALAHUDIN, S/O SALAHUDIN, AGED 40 YEARS, PEEVEES TRITON, MARINE DRIVE, ERNAKULAM, PIN – 605 001.
BY ADV K.V.GOPINATHAN NAIR RESPONDENT:
THE REGIONAL TRANSPORT OFFICER (REGISTERING AUTHORITY) ERNAKULAM, CIVIL STATION KAKKANAD, VAZHAKKALA, KOCHI, PIN – 682 030.
BY SREEJITH V S-GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.3298 Of 2024 2 JUDGMENT Dated this the 2nd day of February, 2024 Petitioner is a Private Limited company having business in sale and service of watch, clocks and other electronic items having show rooms and establishments all over India as well as in Gulf countries. They have two well established show rooms at Puducherry having GST Registration from 2018 itself. The company itself has its own property and apartment in Puducherry purchased as early in 2018 in connection with their business.
2.
For the purpose of using in Puducherry, in connection with affairs of the business, the petitioner company purchased a Motor Car "Innova Hycross Hybrid Zx7s" from the authorized dealer "KL 07 Nippon Motor Corporation (P)Ltd" Kalamasserry on 18.01.2024. Since the place of business and use of the vehicle is at Puducherry,
WP(C) NO.3298 Of 2024 3 the vehicle will have to be registered before the Registering Authority Puducherry under Section 40 of the Motor Vehicles Act. For the said purpose, the vehicle will have to be taken to Puducherry for which a temporary registration is to be issued by the respondent in whose jurisdiction the place of business of the dealer situates. Therefore the application for temporary registration was submitted in the prescribed Form 20 through the dealer itself. But, the respondent has not so far issued temporary registration and thereby the petitioner is put to irreparable injury and hardship, contended the petitioner.
3.
The Government Pleader submitted that for issuance of a temporary registration for the purpose of transporting his vehicle to go out of the State, the petitioner has to produce evidence as to correctness of address and age as contemplated under Rule 4 (12) of the Central Motor Vehicle Rules, 1989. If the petitioner provides necessary
WP(C) NO.3298 Of 2024 4 affidavit the application for issuance of temporary registration can be considered.
Taking into consideration the afore facts and the legal requirement as mandated under the Central Motor Vehicles Rules the writ petition is disposed of directing that if the petitioner submits necessary affidavit in support of his application for temporary registration, the same can be considered and orders shall be passed expeditiously, at any rate of within a period of two weeks.
Sd/- N.NAGARESH JUDGE SSG
WP(C) NO.3298 Of 2024 5 APPENDIX OF WP(C) 3298/2024 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 06.12.2023 ISSUED AS PER THE CENTRAL GOODS AND SERVICES TAX ACT 2017.
Exhibit P2 TRUE COPY OF THE LICENSE ISSUED BY THE PUDUCHERRY
MUNICIPALITY
DATED 18.02.2021 VALID TILL 31.03.2024.
Exhibit P3 TRUE COPY OF THE DETAILS REGARDING THE REMITTANCE OF FEE AND ALL THE PARTICULARS REGARDING THE VEHICLE TO WHICH THE TEMPORARY REGISTRATION IS TO BE ISSUED DATED 18.01.2024.