The petitioner, owner of a “Mahendra Bolero Camper DX 2WD Gold 3014 WB BS3”, presented her vehicle for registration as a non- transport private vehicle. The 2nd respondent refused to register the same on the ground that it is a transport vehicle. The petitioner contends that the issue is no longer res integra in view of the authoritative pronouncement of this Court in Cheriyan v. Transport Commissioner [2009 (2) KLT 583].
2. In Cheriyan's case (supra) this Court had declared that with respect to vehicles which are constructed and adapted for carriage of goods and carriage of passengers, the primary aspect to be considered is the use to which it is put. It was also declared that, if the vehicle in question is a Light Motor Vehicle, then the registration ought to be granted in that category and not as a goods carriage, if it is not intended to be used as a goods carriage. It was also clarified that if at all the vehicle was used other than for the purpose for which it was registered, then it was open to the authorities to re-classify the vehicle as a Transport Vehicle. In the present case, the petitioner declares that she intends to use the vehicle for her personal needs as also for her agricultural operations. The petitioner admittedly is a 'planter by profession' and has purchased the vehicle inter alia to carry on her professional activity. In the above circumstance, the definition of 'goods carriage' and 'transport vehicle' in sub sections 14 and 47 of Section 2 of the Motor Vehicles Act, 1988 assumes significance.
(14) “Goods carriage” means any motor vehicle constructed or adapted for use solely for the carriage of goods, or any motor vehicle not so constructed or adapted when used for the carriage of goods:
(47) “Transport vehicle” means a public service vehicle, a goods carriage, an education institution bus or a private service vehicle.
3. There is nothing on record to show that the petitioner sought for registration as a non- transport vehicle and the same was declined by the registering authority. Ext.P1 sale certificate shows the class of vehicle as “LGV Goods”. The vehicle itself has a seating capacity of five and has an open carriage to carry goods. It is very clear that after seeking temporary registration of the vehicle as a goods vehicle, the petitioner on coming to know of the orders passed by this Court, has approached this Court with the claim of registration as a non- transport vehicle. On the facts disclosed from the averments in the writ petition Cheriyan's case (supra) is not applicable in the instant case. The petitioner's specific case is that the vehicle is to be put to use for her personal and professional needs and that the petitioner or her 'co-workers' would be driving the vehicle. The carriage of goods cannot be ruled out and hence the vehicle will have to be registered as a transport vehicle.
The writ petition, hence is dismissed.
Sd/- K.VINOD CHANDRAN
Judge
Mrcs //True Copy//