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2006 Supreme(Ker) 316

THOTTATHIL B.RADHAKRISHNAN
Vijayakumar – Appellant
Versus
State of Kerala – Respondent


Judgment :-

The petitioner, a doctor by profession, purchased a Mahindra Camper as per Ext.P1 sale certificate and applied for registration. The statutory authority required that the vehicle be painted in Highway yellow colour in terms of R.304 of the Kerala Motor Vehicles Rules, 1999, hereinafter referred to as "the Rules". This Writ Petition is filed challenging the said stand of the statutory authority and seeking a declaration that R.304 need not be complied with for the registration of the vehicle in question. A direction that no insistence shall be made to conform to R.304 of the Rules is also sought for.

2. By interim order dated 18.12.2003, the second respondent was directed to register the vehicle on the undertaking "of the petitioner that it will be used only for personal use of the petitioner and not for the purpose of carrying goods. That interim order was issued, essentially, on the basis of-the undertaking of the petitioner in para (3) of the Writ Petition that he does not propose to use the said vehicle as a goods carriage vehicle. Following that interim order, the petitioner's vehicle was registered.

3. R.304 of the Rules provides that every goods vehicle shall be pai




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