C PAULRAJ Vs. SECRETARY MINISTRY OF TRANSPORT CHENNAI

JUDGEMENT

(1.) THE petitioner is a Farmer. He is a B.Com., graduate. While he was working on the installation of a motor pump-set in a well, he fell down and injured severely at the spinal cord resulting in paralytic condition of the lower half of his body from the hips downwards. He obtained driving licence for driving invalid carriages on 13.1.2000.

(2.) THE petitioner purchased an auto-rickshaw with registration no. TN74-C-0630. He modified the same, so as to make it an invalid carriage that could be operated by him. That is, he fitted hand break instead of foot break, by using the services of a mechanic. The said modification was approved by the Assistant Registering Authority, Transport Department, Valliyoor, Tirunelveli District, the fourth respondent in W.P. (MD) No. 9795 of 2008, on 6.12.1999 and the same was recorded in the R.C. book. He was also exempted from payment of tax, as per G.O. Ms. No. 3352, Home (Transport) Department, dated 29.12.1976, so long as the vehicle exclusively is used by him as a physically challenged person.

(3.) THEREAFTER , the petitioner purchased a new Maruthi-800 CC Car on 25.6.2008, with Chassis No. 2721645 and Engine No. 3967599, and similar modifications were done in the new Car as was done in the earlier Car bearing registration no. TN04-B-7688, so as to make it as an invalid carriage. Thereafter, when he approached the third respondent in W.P. (MD) No. 9795 of 2008 seeking permission for conversion of Motor Car into invalid carriage and to register the same under the description "invalid carriage", the third respondent issued a communication dated 16.7.2008 refusing to entertain his application on the ground that the Car that was sought to be registered as invalid carriage, is not an invalid carriage as defined under Section 2(18) of the Motor Vehicles Act, 1988. Further it was stated that the Motor Vehicles Act does not permit the conversion of a Car into an invalid carriage.