IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931 WP(C).No. 9039 of 2010(D) --------------------------------------- PETITIONER(S): ------------------------- U.MOYINKUTTY, S/O.ASSAN,'INSAF',KALLAMBARA, PERUMUGHAM, P.O.FAROKE, CALICUT. BY ADV. MR.C.P.MOHAMMED NIAS RESPONDENT(S): ---------------------------- 1. THE TRANSPORT COMMISSIONER, KERALA, THIRUVANANTHAPURAM. 2. THE JOINT REGIONAL TRANSPORT OFFICER SUB REGIONAL TRANSPORT OFFICE, KODUVALLY, KOZHIKODE. 3. THE REGIONAL TRASPORT AUTHORITY, KOZHIKODE. R1 TO R3 BY SR. GOVERNMENT PLEADER MR. K.C. SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO:9039 OF 2010 ----------------------------------------------------------- Dated this the 18th March, 2010. JUDGMENT The petitioner is about to purchase a Mahindra Bolero Camper Gold for use as a private vehicle. He has produced Ext.P1 order form by which he has placed order for the delivery of the vehicle. His enquiries with the registering authorities revealed that the said vehicle would not be registered as a private vehicle. Since, as per the decision reported in Cherian v. Transport Commissioner (2009(2) KLT 583) this Court has held in similar circumstances that the vehicle can be registered as a private vehicle, he claims that he is entitled to similar orders in this case also. The petitioner also relies on Ext.P4 judgment by which similar orders have been granted in another case. 2. In view of the decisions referred to above, the petitioner is also entitled to a direction for the registration of his vehicle. 3. In view of the above this writ petition is disposed of directing the second respondent to register the Mahindra Bolero Camper Gold 2WD as a light motor vehicle on being produced for registration by the petitioner in the light of the declaration contained in Ext.P3 judgment. It is made clear that if the vehicle is WPC 9039/2010 2 found to be used as a goods vehicle, the authority shall be free to reclassify the vehicle. K. SURENDRA MOHAN Judge jj WPC 9039/2010 3 K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: