IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 6TH JANUARY 2011 / 16TH POUSHA 1932 WP(C).No. 22038 of 2010(D) -------------------------- PETITIONER(S): --------------- K.GOPINATHAN NAIR, S/O.MADHAVAN NAIR, NAMBYERI HOUSE NO.31/1071, P.O.MEDICAL COLLEGE, KOZHIKODE. BY ADV. SRI.G.PRABHAKARAN RESPONDENT(S): --------------- 1. THE REGIONAL TRANSPORT OFFICER/ REGISTERING AUTHORITY, KOZHIKODE. 2. THE DEPUTY TRANSPORT COMMISSIONER, NORTH ZONE, KOZHIKODE. GOVERNMENT PLEADER SRI.BASANT BALAJI FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/01/2011, ALONG WITH WPC NO.22376 OF 2010 WPC NO. 28718 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.22038/2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE REQUEST DATED 16.7.2009 EXT.P2. TRUE COPY OF THE PROCEEDINGS DATED 22.12.2009 EXT.P3. TRUE COPY OF THE APPEAL MEMORANDUM DATED 18.2.2010 EXT.P4. TRUE COPY OF THE ORDER DATED 29.3.2010 EXT.P5. TRUE COPY OF ONE OF SUCH PROCEEDINGS DATED 21.1.2009 EXT.P6. TRUE COPY OF THE JUDGMENT IN WPC NO.3108 OF 2010 DATED 1.2.2010 / TRUE COPY / P.S.TO JUDGE P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.22038, 22376 & 28718 of 2010 ----------------------------------------- Dated this the 6th day of January, 2011 JUDGMENT The petitioners in these writ petitions own goods vehicles on the platforms of which diesel generators of various capacities have been fixed. The main contention raised by the petitioners is that their vehicles are not liable to be registered as transport vehicles for the reason that their vehicles are not used to transport goods, but only to carry generators which are their personal belongings and effects to various places for the purpose of their business. The registering authorities took the stand that the vehicles fitted with generators on the platforms do not cease to be transport vehicles and therefore the request of the petitioners to register the vehicles as non-transport vehicles cannot be entertained. 2. The vehicles belonging to the petitioners admittedly have a platform for carrying goods. Section 2(47) of the Motor Vehicles Act, 1988 defines the term 'transport vehicle' to mean a public service vehicle, a goods carriage, an educational institution bus or a private service vehicle. The term 'goods carriage' is defined in W.P(C).No.22038, 22376 & 28718 of 2010 -:2:- section 2(14) to mean any motor vehicle constructed or adapted for use solely for the carriage of goods, or any motor vehicle not so constructed or adapted when used for the carriage of goods. The main contention raised by the learned counsel for the petitioners is that the generators which have been fixed on the platforms of their vehicles are not goods within the meaning of the said term as defined in section 2(13) Motor Vehicles Act, but are personal effects carried in trucks and therefore the motor vehicles owned by them do not fall within the definition of “goods carriage” and are not liable to be termed as goods vehicles. 3. Sri.K.V.Sohan, learned counsel appearing for the petitioners, relied on the decision of a learned single Judge of this Court in Alex Thomas and another v. State of Kerala and others, 2008(4) KHC 593 to contend that the vehicles of the petitioners are not designed solely for carriage of goods and therefore their vehicles need not be painted as stipulated in rule 304 of the Kerala Motor Vehicles Rules, which stipulates that every goods vehicle shall be painted in highway yellow colour either fully or its front and rear portion in highway yellow colour. 4. Section 2(13) of the Motor Vehicles Act defines the term 'goods' to include live-stock and anything (other than equipment W.P(C).No.22038, 22376 & 28718 of 2010 -:3:- ordinarily used with the vehicle) carried by a vehicle except living persons but does not include luggage or personal effects carried in a motor car or in a trailer attached to a motor car or the personal luggage of passengers travelling in the vehicle. The main contention raised by the learned counsel for the petitioners is that the generators fixed on the platforms of their vehicles are their personal effects and therefore they are excluded from the definition of the term 'goods' by the Act itself. I am afraid there is no merit in the said contention. Section 2(13) only excludes from the definition of the term 'goods, luggage or personal effects' carried in a motor car or in a trailer attached to a motor car or the personal luggage of passengers travelling in the vehicle. The vehicles belonging to the petitioners are not motor cars, but trucks with platforms. The generators fixed on the platforms of the vehicles belonging to the petitioners cannot therefore be described as luggage or personal effects carried in a motor car or in a trailer attached to a motor car or as a personal luggage of the passengers travelling in the vehicle. Even if the petitioners travel in the cabin of their lorries, the generators cannot be said to be the personal luggage of the petitioners. In such circumstances I find no merit in the petitioners' contention that W.P(C).No.22038, 22376 & 28718 of 2010 -:4:- the generators fitted on the platforms of their trucks are not goods carried in the vehicles. The stand taken by the registering authority cannot therefore be said to be illegal. The writ petitions fail and are accordingly dismissed. Necessarily therefore, the petitioners will have to comply with rule 304 of the Kerala Motor Vehicles Rules, 1989. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.22038, 22376 & 28718 of 2010 ---------------------------- JUDGMENT 6th January, 2011