IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 4TH OCTOBER 2010 / 12TH ASWINA 1932 WP(C).No. 29828 of 2010(C) ---------------------------------- PETITIONER(S): ------------------- SUBIN GEORGE, EDATHALA HOUSE, NEELEESWARAM, KALADY, ERNAKULAM-683 574. BY ADVS. SRI.V.G.ARUN SRI.PRASAD CHANDRAN RESPONDENT(S): -------------------- 1. REGIONAL TRANSPORT OFFICER (REGISTERING AUTHORITY), SUB REGIONAL TRANSPORT OFFICE, ALUVA-683101. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, ERNAKULAM-682 011. 3. THE TRANSPORT COMMISSIONER, THIRUVANANTHAPURAM-695001. R1 TO R3 BY GOVT.PLEADER SRI. K.C. SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SVS/ C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.29828 OF 2010 -------------------------------------------- Dated this the 4th day of October, 2010 JUDGMENT The petitioner is a A class Contractor. He has purchased a Mahindra Bolero Camper DLX 2 WD Gold vehicle from an authorised dealer. This Writ Petition has been filed mainly with a prayer for the issuance of a writ of mandamus commanding the first respondent to register his vehicle covered as per Ext.P2 Sale Certificate as a non-transport vehicle (light motor vehicle) without insisting for painting as stipulated in Rule 304 of the Kerala Motor Vehicles Rules. 2. The issue involved in this case is squarely covered in favour of the petitioner in terms of the decision of this Court reported in Cherian v. Transport Commissioner (2009 (2) KLT 583). The learned Government Pleader also fairly conceded the said position. In the light of the aforesaid position obtained in this case, I do not think it necessary to consider the contentions raised in this Writ Petition any further. In view of the decision of this Court reported in 2009 (2) KLT 583 (supra), this Writ Petition is disposed of with a direction to the first respondent to register W.P.(C) NO.29298/2010 2 the petitioner's vehicle as a non-transport vehicle subject to the rider that if it is found, at any time, that the vehicle is used for carriage of goods, the same could be re-classified. Further, the first respondent shall consider the request of the petitioner to register his vehicle as a non-transport vehicle without insisting for painting under Rule 304 of the Kerala Motor Vehicle Rules. The Writ Petition is disposed of accordingly. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.29298/2010 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.29298/2010 4