A.A. Nazar vs The Joint Regional Transport Officer

K. Vinod Chandran, J.

The petitioners in the above writ petitions, seek for cancellation of registration certificate of tipper lorries, owned by them. The vehicles are said to be vintage vehicles, which have been under G-form for very many years, right from 2010 and some of which have already been dismantled. The petitioner seeks consideration of the applications filed under Section 55 of the Motor Vehicles Act, 1988 (for brevity, ''the MV Act'').

The contention in W.P(C) No. 26954-2014 is that, out of 5 vehicles, the registration certificate for which are produced at Ext.P1 to Ext.P1(d), three have been already dismantled, for which certificates have been produced at Ext.P2, P2(a) and P2(b). With respect to the other two vehicles, they are said to be incapable of further use and an application has been filed seeking cancellation of registration prior to dismantling the said vehicles. Similar is the situation in W.P.(C) No. 27002 of 2014, wherein, out of the four vehicles, the registration certificates of which are produced at Ext.P1 series, one is admitted to be already dismantled.

The petitioners'' contention has to be looked at in the back ground of what is contemplated in Section 55 of the MV Act. Cancellation of the registration is contemplated when a motor vehicle has been destroyed or rendered permanently incapable of use; in which event, within 14 days, a report has to be made to the registering authority, within whose jurisdiction, the vehicle is normally kept and the intimation shall also be accompanied by the certificate of registration of the vehicle. Section 55(3) of MV Act contemplates an examination; by the registering authority or any officer, authorized by the State Government, the vehicle so as to arrive at a satisfaction that the vehicle is in such a condition that it is incapable of being used or its continued use would cause danger to the public and that the vehicle is beyond reasonable repair.

The satisfaction of the registering authority is the pre-condition for cancellation of registration; lest otherwise even after cancellation, the vehicle would be repaired and put to use on the roads; without payment of tax and without being governed by the regulations for use of a motor vehicle; as stipulated in the MV Act and the rules brought in, by the Central Government and the State Government.

A reading of Section 55 of the MV Act would indicate that the "destruction "or "permanent incapability of use" is not a voluntary act of dismantling the vehicle. It cannot also indicate a subjective evaluation; since a satisfaction on a objective examination is what is intended. If by an accident or otherwise or sheer passage of time, a vehicle is destroyed or rendered permanently incapable of use, then an intimation has to be given to the concerned registering authority within whose jurisdiction the vehicle is kept, to enable the registering authority to examine the vehicle and arrive at the requisite satisfaction to permit the cancellation of the registration certificate. In the present case the petitioner relies on a certificate, issued by a private ''Coach builders'', which has no sanctity under the eye of law, especially under the provisions of the MV Act and the rules framed thereunder.

On the petitioner revealed herein; it cannot be said that the vehicles, which have already been dismantled could be granted cancellation of registration certificate. The condition of the vehicle is incapable of being examined by the registering authority. The factum of dismantlement is also certified by a private establishment, which confirmation is not permitted by law. Registration is a regulatory measure aimed at not only ensuring satisfaction of tax liability, but also fixing the liability on account of motor accidents, causation of offences and so on and so forth. The mischief and illegality that could be perpetrated by vehicles whose registration has been cancelled, without proper verification, as provided under Section 55 of the MV Act, cannot be over emphasized. The learned Counsel would urge that the petitioner could establish dismantlement with proper proof. That would be permitting leading of negative evidence as to the non-existence of a vehicle. This Court would not venture to permit that.

In such circumstance, this Court would not issue any directions with respect to the application filed insofar as the application for cancellation of vehicles which are already dismantled. However, if the vehicles are available for inspection, necessarily, the registering authority shall within a month from the date of receipt of the certified copy of this judgment, inspect the vehicle and after ensuring dismantlement, pass orders in accordance with law looking at the provisions of Section 55 of MV Act.

Writ petitions are partly allowed.