Reply To:
Name - Reply Comment
CA Orders registration of 41 unregistered assembled vehicles after 12-year delay
Colombo, Sep 2 (Daily Mirror) - The Court of Appeal today issued a Writ of Mandamus directing the Commissioner General of Motor Traffic to register 41 assembled motor vehicles under the terms of the Motor Traffic Act, which had not been registered for 12 years.
Court of Appeal Justice Mohammed Laffar issued this order pursuant to a writ petition filed by 41 petitioners.
The petitioners sought an order directing the Commissioner General of Motor Traffic to register the assembled motor vehicles belonging to the petitioners in terms of the Motor Traffic Act and give effect to the Cabinet decision in 2016 and give effect to the judgment of the Supreme Court in 2012.
The Commissioner General of Motor Traffic was ordered to register the concerned vehicles within two months from the date of the judgment. The court further ordered the Commissioner General of Motor Traffic to pay a sum of Rs. 10,000 to each petitioner as legal costs.
In a Fundamental Rights application (SC.FR. No. 304/2011), the Supreme Court on September 13, 2012, ordered the Commissioner General of Motor Traffic to grant approval to Vehicles Lanka Private Limited to register its business of assembling vehicles using 'used parts' in terms of Section 241 of the Motor Traffic Act.
Justice Laffar observed that the petitioners had expended large sums of money in purchasing the vehicles in dispute. He further noted that unless these vehicles are registered with the Commissioner General of Motor Traffic, they cannot be used on the roads and motorways in Sri Lanka.
He further observed that the Commissioner General of Motor Traffic, without any reason, had failed to register those vehicles in terms of the Supreme Court Judgment for the last 12 years.
On November 09, 2016, a Cabinet decision was taken permitting the Commissioner General of Motor Traffic to register the 2,250 assembled vehicles of Vehicles Lanka Private Limited. The said Cabinet decision mandated that the 2,250 motor vehicles of Vehicles Lanka Private Limited had to be assembled and registered within three years from the date of the decision. By letter dated 25.10.2012, the Commissioner General of Motor Traffic informed Vehicles Lanka Private Limited that, he would act in terms of the Supreme Court Judgment and permit the company to assemble vehicles utilising secondhand parts in terms of the powers vested in him by Section 241 (5) of the Motor Traffic Act with effect from 01.11
2012.
On the strength of the said judgment of the Supreme Court, the petitioners purchased the vehicles from Vehicles Lanka Private Limited on or about December 2012 to early 2013. The petitioners were under the impression that Vehicles Lanka Private Limited would take the necessary steps to register the vehicles in dispute.
Senior Counsel Sandamal Rajapaksha with Lakmal Sooriyagoda appeared for the petitioners while Deputy Solicitor General Manohara Jayasinghe appeared for the Attorney General.
Comments - 5
Recommended
You May Also Like
