R T O PALAKKAD Vs. KULTIKRISHNAN

JUDGEMENT

(1.) THIS is an appeal filed by the State - respondent in the original Petition against the judgment of the learned Single Judge in O. P. No. 11910 of 1992 holding that R. 269 of the Kerala Motor Vehicles Rules (for short'the rules') does not apply so far as the respondent/ petitioner's vehicle is concerned and that the respondent /petitioner cannot be compelled to enhance the number of seats as per wheel base as envisaged under R. 269 (1) of the Rules while making an application to assign a new registration mark for his vehicle and to endorse transfer of ownership of the same.

(2.) THE facts of the case are as follows:

(3.) ON the above facts, the short question that arises for consideration in this appeal is whether the appellant can insist upon the compliance of R. 269 of the Rules and ask the respondent to enhance the seating capacity from 40 to 50 as a condition precedent for assigning a new registration mark for the vehicle TMN 4990 and transfer of ownership?