IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 15898 of 2010(J)
1. TESSY JOSEPH, PUTHUSSERY HOUSE,
... Petitioner
Vs
1. REGIONAL TRANSPORT OFFICER
... Respondent
2. THE SECRETARY, REGIONAL TRANSPORT
3. THE TRANSPORT COMMISSIONER,
For Petitioner :SRI.V.G.ARUN
For Respondent : No Appearance
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :25/05/2010
O R D E R
K.SURENDRA MOHAN, J.
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W.P.(C) No.15898 OF 2010
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Dated this the 25th day of May, 2010
J U D G M E N T
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The petitioner purchased a Mahindra Bolero Camper DX 2
WD Gold vehicle from its authorised dealer. He purchased the
vehicle for his own personal purposes. The vehicle was
produced before the 1st respondent for registration. However,
the 1st respondent refused to register the vehicle as a
non-transport vehicle. He also insisted on the petitioner to
paint the vehicle with yellow colour and to be registered as a
transport vehicle. The petitioner challenges the above action of
the 1st respondent.
2. According to the petitioner, the issue in this case is
squarely covered by the dictum laid down by the decision
reported in Cherian v. Transport Commissioner [2009(2)
KLT 583]. The learned Government Pleader fairly concedes that
the issue is covered by the above decision.
W.P.(C) No.15898/2010 2
3. In the decision referred to above also the vehicle
involved was a Mahindra Bolero Camper 4WD vehicle. After
considering the relevant provisions, this Court has held that the
vehicle need be registered only as a non-transport vehicle. It has
been further clarified that it is upto the authorities to re-classify
the vehicle as a transport vehicle, if it is brought to the notice of
the authority that the vehicle is used for carriage of goods.
4. In view of the above dictum, this Writ Petition can be
disposed of directing the 1st respondent to register the
petitioner’s vehicle as a non-transport vehicle, in terms of the
dictum contained in the decision referred to above, subject to the
rider that if it is found at any time that the vehicle is used for
carriage of goods, the same can be re-classified.
The Writ Petition is disposed of as above. No costs.
(K.SURENDRA MOHAN, JUDGE)
ps