Person Residing Or Having Business In Kerala Can Get His Motor Vehicle Registered At Any RTO Within State: High Court

Section 40 provides for the place where the motor vehicle has to be registered.

The petitioner's car was not registered by the RTO in Attingal in Trivandrum district, stating that the RTO in Kazhakootam in Trivandrum district has the jurisdiction.

Justice DK Singh observed that as per the 2019 amendment to the MV Act and an advisory issued by the Central Government, any registering authority within the State can register the vehicle.

“A person residing in a State or have place of business in a particular State can get the motor vehicle registered by any of the registering authorities of that State. Therefore, the insistence by the 3^rd respondent (RTO in Attingal) that since the petitioner does not have a residence or place of business within the jurisdiction of the 3rd respondent is contrary to the express provision of Section 40 of the MV Act and is unsustainable in law.”

The petitioner owns a Kia Sonet car, which he purchased from Kia Automotive Manufactures Private Limited in the Trivandrum district. The RTO in Attingal in Trivandrum issued him with a temporary registration certificate.

The petitioner participated in an online auction for fancy numbers which was conducted by Parivahan online portal under the aegis of the Ministry of Road Transport and Highways. The petitioner secured a fancy registration number for his car for rupees 3,500.

Subsequently, when the petitioner approached the RTO in Attingal, he was informed that he must approach the RTO in Kazhakootam in Trivandrum for registration. It was stated that the petitioner does not reside or have his place of work within the jurisdiction of the RTO in Attingal.

The Counsel for Petitioner submitted as per Section 40 of the Motor Vehicles (Amendment) Act of 2019, motor vehicles can be registered by 'any registering authority in the State' where the individual resides or has his place of business. The petitioner also relied upon an advisory issued by the Government of India, Ministry of Road Transport and Highways on January 29, 2024 which clarified that as per the 2019 amendment to the Motor Vehicles Act, registration can be done by any registering authority within the State, regardless of the individual's place of residence or business within the State.

On the other hand, the Government Pleader contended that the residence or the place of business where the vehicle is normally kept must be within the jurisdiction of the registering authority.

The Court analysed Section 40 of the MV Act which reads thus: “Registration, where to be made. - Subject to the provisions… every owner of a motor vehicle shall cause the vehicle to be registered by [any registering authority in the State] in whose jurisdiction he has the residence or place of business where the vehicle is normally kept.”

The Court observed that the term 'any registering authority in the State' was added by the 2019 amendment which came into effect from September 01, 2019. Additionally, the Court observed that the Central Government has also clarified this by issuing an advisory on January 29, 2024.

The Court thus concluded that the jurisdiction was granted to registering authority in respect of the State, irrespective of the individual's place of residence or place of business within the State.

As such, the Court directed the RTO in Attingal to register the petitioner's motor vehicle.

Counsel for Petitioners: Advocates Shinto Thomas, Abhirami S., Gautham Krishna E.J, Megha Biju

Counsel for Respondents: Advocates Mini Gopinath, Krishna T C, Government Pleader Sreejith V S

Case Number: WP(C) NO. 35424 OF 2024

Case Title: Sabeer A v State of Kerala

Citation: 2024 LiveLaw (Ker) 715

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