The petitioner, owner of a Mahindra & Mahindra Pick-up Van, presented his vehicle for registration as a non-transport private vehicle. The respondent refused to register the same as a non transport private vehicle contending that the vehicle will be registered only as a transport vehicle, ignoring the fact 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], is the contention.
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. In the present case, the petitioner declares that he intends to use the vehicle for his personal needs as also for his agricultural operations. The petitioner admittedly is an agriculturist and has purchased the vehicle to “carry on transportation of agricultural implements, manure, pesticide etc., in connection with the agricultural operations to be carried out in his land and for carrying agricultural products from his land to his house”(sic).
4. 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.
5. Hence, though the present vehicle is not a motor vehicle constructed or adapted for use, solely for the carriage of goods, the petitioner intends to use it for carriage of goods also. The specific averment is that he intends to carry agricultural implements and products. There is nothing on record to show that he sought for registration as a non-transport vehicle and the same was declined by the registering authority.
It is very clear that after obtaining 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.
Sd/-
K.VINOD CHANDRAN
Judge
Mrcs //True Copy//