NIJO VARGHESE Vs. TRANSPORT COMMISSIONER

JUDGEMENT

(1.) The petitioner, who is owner of a bus, has filed this writ petition seeking to command the 2nd respondent to register the Stage Carriage produced by the petitioner covered by Exts.P1 to P4 documents without insisting the fitness of Sensors in the Pneumatic Door. The petitioner also seeks to declare that insistence of the respondents for fitment of Sensors in the Pneumatic Door is illegal and arbitrary, since such fitment is not contemplated as per the rules.

(2.) The petitioner states that he purchased a bus chassis manufactured by Ashok Leyland. The vehicle was granted Ext.P1 Temporary Registration Certificate. After constructing the body of the vehicle, the petitioner produced the vehicle for permanent registration before the 2nd respondent-Joint RTO.

(3.) As per the Kerala Motor Vehicles Rules, fitment of Pneumatic Door is necessary for Stage Carriages registered after 1/7/2011. The Rule does not contemplate fitment of Sensor in the Pneumatic Door. Fitment of Sensor is not a mandatory requirement. Fitment of Sensor is only an additional safety measure. The respondents are denying registration of the Stage Carriage of the petitioner on the ground that the Pneumatic Door are not fitted with Sensors. The petitioner therefore seeks to command the 2nd respondent to register the Stage Carriage without insisting fitment of Sensors in the Pneumatic Door.