The petitioner is aggrieved with the non registration of a vehicle purchased by the petitioner as private/non transport vehicle. The Department on presenting the vehicle for registration, insisted that it would be only registered as a goods 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 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. The petitioner who registered the vehicle as a 'goods carriage-LMV' seeks category change as a non-transport vehicle. Even now the petitioner's specific case is that he brought the vehicle with the intention of transporting agricultural products and that now he has stopped the farming activities. That alone cannot result in an automatic category change since the vehicle is a goods carriage and has been registered as such. Cheriyan's case (supra) in any event, considered the question of registration of a newly purchased vehicle. It is very clear that after seeking 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 re-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.
Sd/-
K.VINOD CHANDRAN
Judge
Mrcs //True Copy//