CA orders to register 41 assembled vehicles after a hiatus of 12 years

The Court of Appeal yesterday 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 after a  hiatus of 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 in 2016  and to the Judgement of the Supreme Court in 2012.  

The Commissioner General of Motor Traffic was ordered to  register them within two months from the date of the judgement. The  Court further ordered the Commissioner General of Motor Traffic to pay  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 spent  large sums of money in purchasing the vehicles in dispute. He 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 observed that the Commissioner General of Motor Traffic,  without any reason, failed to register those vehicles in terms of the  Supreme Court Judgement 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 the 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 Judgement and  permit the Company to assemble vehicles utilizing second-hand 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 judgement 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. Deputy Solicitor General Manohara  Jayasinghe appeared for the Attorney General.