James Abraham vs The Transport Commissioner and The Regional Transport Officer

K. Vinod Chandran, J.—The petitioner, owner of a Mahindra Bolero Camper Gold 2WD BSIII, when presenting his vehicle for registration as a non-transport private vehicle, the 2nd respondent refused to register the same as a non transport private vehicle since it can only be registered as a passenger cum goods vehicle. The petitioner contends that the issue is no longer res integra in view of the authoritative pronouncement of this Court in Cheriyan v. Transport Commissioner [2009 (2) KLT 583]. In Cheriyan''s case (supra) this Court had declared that with respect to vehicles which are constructed and adapted for carriage of goods and carriage of passengers, the primary aspect to be considered is the use to which it is put. It was also declared that, if the vehicle in question is a Light Motor Vehicle, then the registration ought to be granted in that category and not as a goods carriage, if it is not intended to be used as a goods carriage. It was also clarified that if at all the vehicle was used other than for the purpose for which it was registered, then it was open to the authorities to re-classify the vehicle as a Transport Vehicle. In the present case, the petitioner declares himself to be a Planter and that he intends to use the vehicle for his personal needs. In the above circumstance, the definition of ''goods carriage'' and ''transport vehicle'' in sub sections 14 and 47 of Section 2 of the Motor Vehicles Act, 1988 assumes significance.

(14) "Goods carriage" means 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:

(47) "Transport vehicle" means a public service vehicle, a goods carriage, an education institution bus or a private service vehicle.

Hence though the present vehicle is not a motor vehicle constructed or adapted for use, solely for the carriage of goods, the petitioner intends to use it for carriage of goods also. There is nothing on record to show that he sought for registration as a non-transport vehicle and the same was declined by the registering authority. Ext. P2 sale certificate also declares the vehicle to be LMV-Goods Carrier Truck. The petitioner on coming to know of the orders passed by this Court, has approached this Court with the claim of registration as a non-transport vehicle. On the facts disclosed from the averments in the writ petition Cheriyan''s case (supra) is not applicable in the instant case.

The writ petition, hence is dismissed.