IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 23RD OCTOBER 2009 / 1ST KARTHIKA 1931 WP(C).No. 29862 of 2009(C) -------------------------- PETITIONER(S): --------------- K.UMMER,S/O.BEERAN KUTTY HAJI, 24/1961,PULPARAMBIL,MANKAVU P.O., VALAYANDU,KOZHIKODE. BY ADV. SRI.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 TRANSPORT AUTHORITY, KOZHIKODE. GOVT. PLEADER SRI. K.C. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 29862 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 23rd October, 2009. J U D G M E N T The petitioner purchased a Mahindra Bolero Camper Gold 2WD vehicle with the intention to use it as a private passenger vehicle, after getting the same registered with the 2nd respondent. According to the petitioner, the 2nd respondent insisted on registering the vehicle as a goods vehicle. The petitioner submits that the 2nd respondent does not have such a power to register the vehicle as a goods vehicle when the petitioner intends to use the same as a private passenger vehicle. According to the petitioner, the classification for the purpose of registration shall be based on user of the vehicle. He would submit that this legal position has been upheld by a learned Single Judge of this Court in Cherian v. Transport Commissioner, 2009(2) KLT 583. 2. I have heard the learned Government Pleader also. Although the learned Government Pleader would submit that as per the provisions of the Motor Vehicles Act, this particular vehicle has to be registered as a goods vehicle, he does not dispute the fact that the issue is covered by the above said decision. In the above circumstances, I direct the 2nd respondent to consider the application of the petitioner for registration of the petitioner's vehicle in accordance with the decision in Cherian's case (supra) as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. However, I make W.P.C. No. 29862/09 -: 2 :- it clear that if the petitioner is found using the vehicle as a goods vehicle even for personal purposes, it would be open to the respondents to take appropriate steps in respect of the same including steps to reclassify the registration accordingly. The writ petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.