ANIL KUMAR C.N., CHELANIYIL HOUSE AND OTHERS Vs. THE REGIONAL TRANSPORT OFFICER/REGISTERING AUTHORITY AND OTHERS

JUDGEMENT

(1.) The petitioners, who are registered owners of Tata Magic Iris Motor Cabs covered by Exts.P1 to P14 certificate of registration/contract carriage permit, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 and 2 to consider their request in Exts.P17 to P30 for correcting the endorsement made in the certificates of registration of the respective vehicles regarding seating capacity as 4+1, instead of 3+1. The petitioners have filed such representations before the 2nd respondent Joint Regional Transport Officer, relying on Ext.P16 communication dated 27.12.2016 of the Transport Commissioner, whereby the Registering Authorities in the State were directed to inspect the respective vehicles, with reference to its approval, and decide the question as to whether the seating capacity of those vehicles can be changed as 4+1.

(2.) Heard the learned counsel for the petitioners and also the learned Senior Government Pleader appearing for respondents 1 to 3.

(3.) The learned Senior Government Pleader on instructions would submit that the vehicles owned by the petitioners were registered during the year 2013 as Motor Cab with seating capacity 4 in all, in accordance with the provisions under Rule 47 of the Central Motor Vehicle Rules, 1988. As per Rule 47 of the Central Motor Vehicle Rules, an application for registration of a motor vehicle has to be submitted in Form No.20 accompanied by a sale certificate in Form No.21 and Form 22 to be issued by the manufacturer/dealer in which the manufacturer has to describe the Chasis No., Engine No., class of vehicle, seating capacity and other relevant basic/fundamental features of the vehicle to be registered. The manufacturer has to issue Form 21, after obtaining a certificate of approval from ARAI/other competent agencies. The manufacturer may produce different variants for same type of vehicles with slight difference in the basic/fundamental features. At the time of inspection of the vehicle for registration, the Registering Authority has to verify whether the vehicle is tallying with the basic features mentioned by the manufacturer in Form 21. If the vehicle found tallying with the particulars furnished in Form 21, the Registering Authority shall issue the certificate of registration in Form 23, which will contain all the basic/ fundamental features recorded in Form 21. Since the manufacturer recorded the seating capacity of the petitioners' vehicles as '4 in all', at the time of delivery of those vehicles, in compliance of Rule 48 of the Central Motor Vehicle Rules, subject to the provisions of Section 44, the Registering Authority issued Registration Certificate in Form 23, which contained the same seating capacity '4 in all' mentioned in Form 21. Learned Senior Government Pleader would point out that, in Ext.P16 communication dated 27.12.2016, the Transport Commissioner has directed the Registering Authorities in the State to consider the request for enhancement of seating capacity of Tata Magic Iris Motor Cabs, after verification of the approval certificate of ARAI/other competent agencies.