IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 9TH MARCH 2010 / 18TH PHALGUNA 1931 WP(C).No. 7255 of 2010(F) ----------------------------------------- PETITIONER(S): ------------------------- P.N.RAJESH KUMAR, AGED 32, S/O.P.V.NARAYANAN, MANAGING DIRECTOR, S L R GENERATOR SALES & SERVICE PVT. LTD., LISIE HOSPITAL ROAD, KOCHI-18. BY ADV. MR.S.SACHITHANANDA PAI RESPONDENT(S): --------------------------- 1. REGIONAL TRANSPORT OFFICER, R T O OFFICE, ERNAKULAM. 2. THE TRANSPORT COMMISSIONER, THIRUVANANTHAPURAM. R1 & R2 BY GOVERNMENT PLEADER MR. K.C. SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 7255 OF 2010 ----------------------------------------------------------- Dated this the 9th March, 2010. JUDGMENT The petitioner is the owner of a Mahindra Bolero Camper Gold Vehicle. The vehicle was purchased by the petitioner for transporting the employees of the petitioner to different parts of the State for the purpose of servicing the generators supplied by Kirloskar. The petitioner produced the vehicle before the first respondent and sought registration of the same as a non-transport vehicle. However, the first respondent refused to register the vehicle as a non-transport vehicle. According to the first respondent, the vehicle would have to be painted with highway yellow color as provided in Rule 304 of Kerala Motor Vehicle Rules and should be registered as a transport vehicle. The petitioner challenges the action of the first respondent. 2. According to the petitioner, the issue in this case is squarely covered by the dictum in the decision reported in Cherian v. Transport Commissioner {2009(2) KLT 583}. The learned Government Pleader fairly concedes that the issue is covered by the above decision. WPC 7255/2010 2 3. In the decision referred to above also the vehicle involved was a Mahindra Bolero Camper 4WD vehicle. After considering the relevant provisions this Court has held that the vehicle need be registered only as a non-transport vehicle. It has been further clarified that it is up to the authorities to re-classify the vehicle as a transport vehicle if it is brought to the notice of the authority that the vehicle is used for carriage of goods. 4. In view of the above dictum, this writ petition can be disposed of directing the first respondent to register the petitioner's vehicle as a non-transport vehicle in terms of the dictum contained in the decision referred to above subject to the rider that if it is found at any time that the vehicle is used for carriage of goods, the same can be re-classified. This writ petition is disposed of as above. No costs. K. SURENDRA MOHAN Judge jj WPC 7255/2010 3 K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: