LAWS(KER)-1995-8-34

SARAMMA Vs. RTO ERNAKULAM

Decided On August 29, 1995
SARAMMA Appellant
V/S
RTO ERNAKULAM Respondents

JUDGEMENT

(1.) O. P. No. 6990/1992: The above Original Petition is filed praying for the issue of a writ of mandamus directing the 1st respondent to register the petitioner's vehicle Tata Mobile 207 as a Light Motor Vehicle/passenger Vehicle. The facts stated in brief are that the petitioner purchased a Tata Mobile 207 pick-up van on 11-5-1992 and approached the 1st respondent to register the vehicle as a Light Motor Vehicle/ Passenger Vehicle. It is stated that the respondent informed the petitioner that the vehicle could be registered only as a goods vehicle for her own use. Contending that the petitioner is entitled to get the vehicle registered as a Passenger Vehicle, she filed the above O. P. Pending the O. P. the petitioner obtained an interim direction in C. M. P. No. 11643/92 dated 2-6-1992 to issue temporary registration to the petitioner's vehicle as Light Passenger Motor Vehicle, if it is produced before the R. T. O. after its body is built according to the required specifications.

(2.) O. P. No. 14322/1994: The petitioner in O. P. 6990/92 has filed the above O. P. praying for the issue of a writ of certiorari to quash the condition imposed in Ext. P3 order of the 1st respondent, which stated that the alteration of the vehicle as "sedan" type has to be made without altering the seating capacity.

(3.) W. A. No. 627/1995: Petitioner is the appellant. The Original Petition was filed praying for the issue of a writ of mandamus directing the 1st respondent to effect alteration in the registration certificate of the petitioner's vehicle as 'tourer" type. The learned single Judge by judgment dated 27-3-1995 directed the petitioner to produce the vehicle with the altered body before the registering authority, who should inspect the vehicle and taking into consideration the nature of the body and the number of seats he should register the vehicle in the appropriate category in strict accordance with the definitions in the M. V. Act and the Rules. The appeal is directed against this judgment.