A.P. RAMAKRISHNAN Vs. RESGIONAL TRANSPORT OFFICER, KANNUR

JUDGEMENT

(1.) The petitioner purchased a vehicle TML 5701 which was registered in Tamil Nadu on 1st July 1986. The seating capacity of the vehicle was 42 and it was registered as omni bus. It is stated by the petitioner that the owner of the vehicle was operating the vehicle as stage carriage in, Tamil Nadu. The petitioner admittedly purchased the vehicle only in 1992 and he made application for change of address and assignment of new registration mark on 4th January 1992. The request to that effect was not granted as the petitioner's vehicle had seating capacity only to 42. In Ext. P-1 dated 10th January 1992 it is stated that as per Kerala Motor Vehicle R.269 (1) the minimum seating capacity of the stage carriage having wheel base between 506 cm. and 550 cm. is 50. Since the petitioner's vehicle has separate entrance and exist, the minimum number of seat can be reduced to 48. The petitioner's vehicle was registered as omni bus at Thiruchirappally with seating capacity of 42 in all. The petitioner was advised that under R.269(1) in order to get registration as stage carriage, the vehicle must be having seating capacity of 48 in all. In view of this, the petitioner's request for assignment of new registration and change of address classifying the vehicle as stage carriage was rejected. Hence he approached this Court.

(2.) I heard counsel for the petitioner and Government Pleader for the respondent.

(3.) Vehicle, TML 5701 was registered on 1st July 1986 as omni bus in Thiruchirappally and the petitioner purchased the same in January 1992. Under S.46 of the Motor Vehicles Act, a motor vehicle registered in any State shall not be required to be registered elsewhere in India and a certificate of registration issued or in force under the Motor Vehicles Act in respect of such vehicle shall be effective throughout India. Therefore, the registration as omni bus shall be effective all over India, Needless to say that registration will be so regarded in Kerala State as well. Therefore, the vehicle can be regarded as having valid registration as omni bus throughout India. S.47 of the Motor Vehicles Act says that when a motor vehicle registered in one State has been kept in another State for a period exceeding twelve months, the owner of the vehicle shall, within such period and in such form containing such particulars as may be prescribed by the Central Government, apply to the registering authority, within whose jurisdiction the vehicle then is, for the assignment of a new registration mark and shall present the certificate of registration to the registering authority. The application shall be accompanied by no objection certificate under S.48 of the Act. Under R.54 of the Central Motor Vehicles Rules, an application for assignment of new registration mark, under sub-s.(1) of S.47 shall be made in Form No. 27 and shall be accompanied by a no objection certificate in Form No. 23. Under R.59, an application for recording a change in the residence in the certificate of registration of a motor vehicle shall be made by the owner of the vehicle in Form No. 33, There is no dispute that these rules have been complied with. The contention is that when these rules are complied with and request for assignment of new registration mark is sought for, there is a duty to the respondents to give the same. I feel the contention of the petitioner in that regard is well lounded, but the only dispute is that the petitioner, according to the respondents, wants not only assignment of new registration mark but also a change of the class of vehicle into a stage carriage. In other words from omni bus it has to be changed into stage carriage. It is for that purpose the respondents referred to R.269 which provides that the minimum seating capacity of a stage carriage shall be directly proportionate to the wheel base of the vehicle. The petitioner's vehicle has a wheel base between 506 cm. and 550. Therefore, under R.269 any vehicle having wheel base between 506 cm. and 550 cm. the minimum seating capacity is 50- The petitioner entitled for a reduction of two seats and, therefore, he has to provide the vehicle with the seating capacity of 48 instead of 42 for getting classification as stage carriage under R.269 of the Kerala Motor Vehicles Rules. The petitioner was informed by Ext. P-1 that his application for change of address, assignment and alteration of class of vehicle as stage carriage will be considered after production of vehicle fitting 48 seats in all. If the petitioner does not want classification of vehicle as stage carriage, the change of address and assignment of new registration mark should be given without further modification to the vehicle provided that the vehicle is otherwise fit. The contention of the petitioner is that he is entitled for a classification of the vehicle as stage carriage without any alteration of seating capacity. For that he refers R.269(3) which says that sub-rule (1) requiring enhancement of seats will not apply to a stage carriage registered before the commencement of the Kerala Motor Vehicles Rules; 1989. In short it is the contention of the petitioner that the petitioner's vehicle has been registered as stage carriage before the 'commencement of; the rule and, therefore, he is entitled to get the classification of stage carriage. For this purpose he has referred to the definition; of omni bus in; S.2 (29) to mean any motor-vehicle constructed or adapted to carry more than six persons excluding the driver. S.2(40) defines stage carriage to mean a motor vehicle constructed or adapted to carry more than six passengers excluding the driver for hire or reward at separate fares paid by or for individual passengers, either for the 'whole journey or for stages of. the journey.