CHERIAN M P Vs. TRANSPORT COMMISSIONER KERALA

JUDGEMENT

(1.) This writ petition is filed seeking a direction to the respondents to register the vehicle 'Mahindra Bolero Camper 4WD' as Light Motor Vehicle - Motor Car. The petitioner is intending to purchase a vehicle of the above said make, for his personal use as a passenger vehicle. Since it was apprehended that the vehicle of the above make and type will not be registered as a private vehicle (LMV - Motor Car), the petitioner submitted application to the second respondent under the Right to Information Act, for furnishing the following informations:

(2.) The first respondent in their counter affidavit submits that as per the certificate issued by the Automotive Research Association of India, the type of body of the above said vehicle is specified as 'goods and passenger vehicle'. It is admitted that as per the prototype approval certificate of ARAI, the gross vehicle weight is specified as 2750 kgs. and seating capacity is 5/6 persons. Presumably on the above basis, it is admitted in the counter affidavit that, the vehicle in question is a 'Light Motor Vehicle'. But it is stated that no certificate was issued by the Automotive Research Association of India to register the above vehicle as a private vehicle. Further it is stated that the said vehicle cannot be registered as a motor car (non transport vehicle) since the vehicle is constructed to carry goods also. The further contention of the respondent is that as per S.2(14) of the Motor Vehicles Act, any motor vehicle constructed or adapted for use solely for the carriage of goods or any motor vehicle not so constructed or adapted when used for the carriage of goods is a 'Goods Carriage', and as per S.2(47) a goods carriage is a transport vehicle. In the counter affidavit it is stated that a clarification has already been issued to the RTO, Kozhikode to register such type of vehicles on the basis of the nature of use of the vehicle.

(3.) The petitioner had produced Ext. P2 registration certificate evidencing that a vehicle of the same make and type is already registered as 'Light Motor Vehicle - Motor Car' by the registering authority at Thrissur. The learned Government Pleader produced for my perusal the written instructions received from the Transport Commissioner, Thiruvananthapuram, stating that, directions have already been issued to the Regional Transport Officer, Thrissur, to reclassify the vehicle covered under Ext. P2 from non transport vehicle to the category of transport vehicle (goods carriage). In the above said letter it is further stated that no other case of registration of the vehicle of the same type as non transport vehicle has come to the notice of the Transport Commissioner, and that instructions has been given to all registering authorities to register the above type of vehicles only as transport vehicle (goods carriage).