Madras High CourtWP(MD)/7228/2020allowed

Mani Nagappa Motors Madurai Pvt Ltd v. The Regional Transport Officer

2020-08-21Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.08.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Mani Nagappa Motors Madurai Private Limited Rep. by its Managing Director Thiru M.Somu ... Petitioner Vs.

1. The Regional Transport Officer, Madurai Central, Madurai

2. The Regional Transport Officer, Melur, Madurai

3. The Regional Transport Officer, Madurai North, Madurai

4. The Regional Transport Officer, Madurai South, Madurai

5. The Regional Transport Officer, Paramakudi, Ramanathapuram District.

6. The Regional Transport Officer, Sivagangai, Sivagangai District.

7. The Regional Transport Officer, Sivakasi, Virudhunagar District.

8. The Regional Transport Officer, Thirumangalam, Madurai District.

9. The Regional Transport Officer, Usilampatti, Madurai District.

10. The Regional Transport Officer, Virudhunagar, Virudhunagar District.

... Respondents 1/3

Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to issue certificate of registration forthwith to the petition mentioned vehicles which are sold within the cut off date fixed by the Hon`ble Apex Court in WP Civil No.13029 of 1985 (M.C.Mehta Vs. Union of India and others), vide order dated 24.10.2018.

For Petitioner : Mr.B.Saravanan for Mr.AL.Kannan For Respondents : Mr.P.Mahendran Additional Government Pleader

O R D E R

Heard the learned counsel on either side. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner is engaged in buying and selling of motorcycles. The petitioner had sold the petition mentioned vehicles, which are not BS-IV compliant. The petitioner's grievance is that the respondents have not registered the said vehicles. The petitioner's counsel points out that the sales had taken place prior to the cut off date viz., 31.03.2020 stipulated by the Hon'ble Supreme Court. The petitioner's counsel drew my attention to a recent order passed by the Hon'ble Supreme Court, dated 13.08.2020 in W.P.(Civil) No.13029 of 1985 (M.C.Mehta Vs. Union of India and others). In the said order, the Hon'ble Supreme Court has held that they have allowed registration of such vehicles which could not be registered during the time of March - 2020.

3. The Government Counsel confirms the veracity of the statement made by the petitioner and I am satisfied that the sales in question have taken place prior to the cut off date. Therefore I have no hesitation to allow the writ petition as prayed for.

4. The Writ Petition is allowed accordingly. There shall be no order as to costs.

Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) Ls 2/3

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