The petitioner has filed this writ petition seeking the following relief :
“i) to issue a writ of mandamus or such other order or direction, commanding the respondent to register the petitioner's vehicle Chevrolet Enjoy 1.3 LS 8 TCDi having Chassis Number MA6HBEHADDH010771 and Engine No.10CL2Z13225025 as Omni Bus for Private Use, in the light of Ext.P5 notification, within a time frame as this Honourable Court may deem fit and proper in the nature and circumstances of the case;”
According to the petitioner, the vehicle has been purchased for personal use and not for engaging any commercial activity for hire or reward. Therefore, it is contended that she is entitled to a direction from this Court to register the vehicle as private service vehicle for personal use.
2. A statement has been filed by the respondent stating only that, the vehicle has been purchased in the name of an institution and therefore, such a vehicle cannot be registered as a private service vehicle for personal use.
3. Heard. The question to be considered is whether the vehicle is going to be used for a commercial purpose for hire or reward. The petitioner wants to use the vehicle for personal use only, as a non-transport vehicle. Therefore, the vehicle comes within the meaning of the expression private service vehicle for personal use. It cannot be said that the personal use of the Mother W.P.(C)No.12705 of 2014 2 Superior, even if she is considered to be a part of the institution, is commercial use. Therefore, the petitioner is entitled to succeed.
This writ petition is, therefore, disposed of directing the respondent to register the petitioner's vehicle Chevrolet Enjoy 1.3 LS 8 TCDi having Chassis Number MA6HBEHADDH010771 and Engine No.10CL2Z13225025 as a private service vehicle for personal use, in the name of the petitioner.
Sd/-
K.SURENDRA MOHAN, JUDGE.
AV