HASSAN KOYA Vs. TRANSPORT COMMISSIONER, THIRUVANANTHAPURAM AND ORS.

JUDGEMENT

(1.) These appeals and writ petition concerns a common issue relating to registration of motor vehicles, either as transport vehicle or a non -transport vehicle, and hence considered and decided together. W.A. No. 51/2014 arises from judgment dated 13.3.2009 in W.P.C. No. 24546/2008 reported in Cheriyan v/s. Transport Commissioner,, 2009 (2) KLT 583. The appeal is filed by the respondents in the writ petition. The respondent herein is the writ petitioner who sought for a direction to declare that he is entitled to register the vehicle Mahindra 'Bolero Camper 4WD' as a light Motor Vehicle -Motor Car and for other consequential reliefs. Writ petitioner W.A. Nos. 1757/2013 and conn. cases 2 claimed that he intended to purchase such a vehicle. But, he was unable to purchase the same since respondents 2 and 3 namely the Regional Transport Officer and the Regional Transport Authority, Kozhikode have taken a stand that the said vehicle cannot be registered as a Light Motor Vehicle -Motor Car. Reference is made to the certificate issued by the Automotive Research Association of India (for short 'ARAI') indicating the type of vehicle as "Goods and passenger vehicle, Normal Control". As evident from Annexure II which forms part of Ext. P1, the seating capacity is either 6, 5 or 4 depending upon the option and it has a luggage carrying area on the rear portion. The specifications of that vehicle also forms part of Ext. P1. Ext. P2 is the registration certificate of a similar vehicle registered in the name of a company 'Essential Constrowell (P) Ltd'. The class of vehicle is shown as Light Motor Vehicles Motor Car. Petitioner has sought for information from the Public Information Officer by way of Ext. P3 dated 31.2.2008 requesting as to whether the said brand of vehicle and its variants can be registered as a private vehicle in Kerala. He got an information by way of Ext. P4 dated 24.3.2008 stating that it is not clear whether the vehicle can be registered as a non -transport vehicle or transport vehicle. Since the type of vehicle is shown as goods and passenger vehicle - -normal control, a clarification is sought from the Transport Commissioner which would be sent as soon as it is received.

(2.) Counter affidavit is filed by the 1st respondent inter alia stating that the particular type of vehicle namely Mahindra Bolero Camper Van -Normal Control LCV (Goods and Passenger) cannot be a non -transport vehicle since it is a light commercial vehicle. Copy of ARAI certificate was communicated to all Sub Offices and if any registering authority has registered such a model as non -transport vehicle, action will be taken to correct it. It is further stated that when a clarification was sought by RTO, Kozhikode in this regard, necessary clarification was given on 13.6.2008 directing the vehicle to be registered as transport vehicle or non -transport vehicle on the basis of the nature of use of the vehicle. It was further stated that the vehicle cannot be registered as a motor car since the vehicle is constructed to carry goods also as defined under Sec. 2(14) of the Motor Vehicles Act, 1988 (hereinafter referred as the Act) and therefore when it is constructed or adapted for carriage of goods, it becomes a goods carriage which is a transport vehicle in terms of Sec. 2(47) of the Act. The learned Single Judge allowed the writ petition holding that in respect of a vehicle which is constructed and adapted not for carriage of goods alone, the user of the vehicle is the prime aspect which need be considered for deciding the question as to whether it is to be treated as a transport vehicle or as a non -transport vehicle. It is therefore held that the transport authorities cannot take a uniform stand to register such type of vehicle as transport vehicle in all cases. Insofar as the vehicle in question is a light motor vehicle, it has to be given registration as light motor vehicle provided it is not used as a goods carriage. If it is not used as a goods carriage, it cannot be treated as a transport vehicle but only as a non -transport vehicle. Hence, it was held that the vehicle which the petitioner is intending to purchase namely Mahindra Bolero Campher 4WD need be registered as a non -transport light motor vehicle. However, it was observed that depending on the use of the vehicle, respondents are always at liberty to reclassify the vehicle as a transport vehicle if it is found that the vehicle is being used for carriage of goods.

(3.) W.A. No. 1414/2014 is filed by the writ petitioner challenging the judgment dated 30.9.2014 in W.P.C. No. 25484/2014. The petitioner being the owner of Mahindra Bolero Camper denied that his vehicle has to be registered as Light Motor Vehicle Motor Car whereas the registering authority insisted that the vehicle has to be registered as passenger -cum -goods vehicle. According to the petitioner, he did not intend to use the vehicle as a goods carriage. He had relied upon the judgment in Cheriyan's case (supra). The learned Single Judge, having taken note of the fact that the petitioner is an agriculturist and business man, formed an opinion that since the dominant use to which the petitioner intends to put the vehicle is for his agriculture and business activities, judgment in Cheriyan's case (supra), is not applicable and hence dismissed the writ petition. That was also a case in which the petitioner intended to purchase the said vehicle. The respondent authorities have taken contentions similar to those raised in W.A. No. 51/2014.