1. The petitioner is the owner of a goods carriage car, which was originally registered as a taxi. The petitioner contends that he does not intend to use the vehicle as a Goods Carriage transport vehicle and he purchased the same for the purpose of using it for his personal use. An application dated 10.11.2014 was filed for altering the registration to that of private motor car, i.e., Non-Transport Vehicle. Since the application has not been considered so far, the petitioner has filed this writ petition. 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.
3. However, in the present case, the petitioner is a trading company and that the vehicle is intended for private use of the company. 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.
4. 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.P3 temporary registration certificate shows that the class of vehicle to be item No.”5” which; as per the Schedule to the Kerala Motor Vehicles Taxation Act, 1976, is a 'private service vehicle', which belongs to the category of transport vehicle as distinguished from item No.”6” “Private Service Vehicle for personal use (Non-Transport)”. The vehicle itself has a seating capacity of only two and has an open carriage to carry goods. Ext.P1 sale certificate also indicates that the class of vehicle as described by the dealer and manufacturer is “LMV Goods Carrier Truck”. The specific contention in the writ petition is that the petitioner, a company requires the vehicle for private use. That, however, will not take it away from the classification as a 'goods carriage'. Definitely the purpose for which the vehicle is intended to be put to use is carriage of 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 writ petition, hence is dismissed.
K. Vinod Chandran, Judge.
sl.