JACOB MATHEWS Vs. REGISTERING AUTHORITY AND ORS.

JUDGEMENT

(1.) The petitioner purchased a 'TATA LPT 909 EX2/38WB BSIV Cab Chassis' manufactured by M/s.TATA Motors, covered by Ext.P1 sale certificate issued by M/s.Focus Motors, Edappally in Form No.21. The 'class of vehicle' mentioned in Ext.P1 sale certificate dated 10.10.2018 and Ext.P2 vehicle data sheet dated 10.10.2018 is 'MGV - Goods Carrier Truck' (Medium Goods Vehicle) and the 'type of body' is 'Cab Chassis'. The 'unladen weight' of the vehicle is 3,040kg and the 'gross vehicle weight' is 9,600kg. The 'seating capacity' of the vehicle (including driver) is 'two'. Based on Ext.P4 application for registration dated 10.10.2018, the vehicle was granted with temporary registration valid from 10.10.2018 to 08.11.2018 and assigned temporary registration mark 'KL-07- CX-TEMP-7923', as evidenced by Ext.P3 temporary certificate of registration dated 11.10.2018 issued by the 1st respondent Registering Authority. The petitioner removed the 'cab' attached to the chassis and fabricated bus-like body on the chassis with collapsible door shutter in the middle of left side body. A generator is mounted inside a separate cabin at rear overhang and the exhaust pipe of the generator is connected to the roof at the right rear-end, pointing to rear side. The photograph of the vehicle after fabrication of a bus-like body is placed on record as Ext.P5.

(2.) In paragraph 3 of the writ petition it is averred that, the petitioner erected generator in the body of the vehicle without making any change or alteration to the chassis. Mounting of generator in the vehicle with covered body would not offend any of the provisions of the Motor Vehicles Act or the Rules. There is no alteration to the body of the vehicle and the vehicle itself was purchased for fitting generator. As per the notification issued by the Government, vehicle fitted with generator had to be classified as NonTransport Vehicle.

(3.) In the writ petition it is contended that the inaction on the part of the respondent in registering the vehicle as Non-Transport Vehicle is highly arbitrary and illegal. On account of the delay on the part of the respondent in registering the vehicle, the petitioner is not in a position to use that vehicle. In such circumstances, the petitioner has filed this writ petition seeking a writ of mandamus commanding the respondent to consider and dispose of Ext.P4 application for registration and register the petitioner's vehicle as 'Non-Transport Vehicle - Generator Van' and levy tax at the rate applicable to Non-Transport Vehicle.