K. BASHEER AHMED Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are the partners of the firm under the name and style of K. A. K. P. Kunjamoo and Company and the first petitioner is the managing partner. The second petitioner is the proprietrix of the concern namely Jeeshan Transport. The petitioners own five tempo vans registered as goods carriages. The goods carriage involved in the proceeding evidenced by Ext. P1 bears registration No. KLG 9817. Ext. P1 is the check report prepared by the fourth respondent at the time when he seized the R. C. Book. From the R. C. Book it is clear that the vehicle is permitted to carry six persons in all in addition to the maximum load permitted to be carried namely 1605 Kgms.

(2.) According to the registering authority the driver of a Goods Carriage, like the one on hand, while on duty can carry only two persons including the driver. In support of this contention the authority has relied on R.303 (2) of The Kerala Motor Vehicles Rules, 1989, for short, The Rules. Permission, the authority concerned had given, to the driver to carry six persons in the vehicle, in the light of what is stated above, must be held to have been given wrongly and therefore the said wrong entry in the Registration Certificate required to be corrected. Proceeding to rectify the mistake, the authority concerned initiated, and it is at that stage the petitioners have moved the original petition for the following reliefs: -

(3.) The question thus arising for consideration is, Is the authority concerned justified in holding that in a goods carriage of the one involved in the proceeding can be allowed to carry only two persons including the driver and if that be so the additional seats provided for (admittedly) at the rear of the drivers seat are liable to be removed.