NATURAL WOOD Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, a company engaged in the manufacture and sale of plywood and veneer at its factory in Vettickal, Mulanthuruthy, Ernakulam, uses two forklifts, purchased in 2005 and 2017, and a crane, purchased in 2002, exclusively for lifting and moving timber logs within its 6-acre factory premises. It is the petitioner's case that these machines function solely as material handling equipment inside the enclosed factory compound and are never used on public roads, and therefore, they do not fall within the definition of "motor vehicle" under Sec. 2(28) of the Motor Vehicles Act, 1988, and do not require registration.

(2.) It is contended that, based on a complaint allegedly lodged by certain disgruntled workers, the 2nd respondent conducted an inspection and issued Exhibit P4 dtd. 9/5/2025, directing the stoppage of the equipment's use, citing lack of maintenance, registration, and insurance. According to the petitioner, these allegations are baseless, as the forklifts and crane are treated as machinery under Sec. 29 of the Factories Act, 1948, and undergo periodic safety examinations, evidenced by Exhibits P5, P5(a), and P5(b). The crane is also covered under the factory's fire insurance policy applicable to all machinery.

(3.) The petitioner further contends that Sec. 39 of the Motor Vehicles Act, 1988, mandates registration only for vehicles intended to be used "in a public place," and since the equipment in question is operated exclusively within a private enclosed factory, the impugned direction is without jurisdiction. The petitioner, therefore, seeks the quashing of Ext. P4 and a declaration that the forklifts and cranes used solely within the petitioner's factory for material-handling purposes do not come within the definition of "motor vehicle" under Sec. 2(28) of the Motor Vehicles Act and consequently do not require registration under the Act. The petitioners relied on RDS Project Limited v. Union of India [2024 KHC Online 1000], Bolani Ores Ltd. v. State of Orissa [(1974) 2 SCC 777], Travancore Tea Estates Co. Ltd and others v. State of Kerala and Others [(1980) 3 SCC 619], Tarachand Logistic Solutions Limited v. State of Andhra Pradesh and Others [2025 SCC OnLine SC 1851].