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Judges : K.J.JOSEPH
Paulose Mathai - Appellant
Versus
Joint Regional Transport Officer - Respondent
Case No : O.P. No. 14184 of 1995
Decided On : 10/13/1995
Advocates Appeared :
K. Radhakrishnan For Petitioner
Alteration - Motor Vehicle - Motor Vehicles Act, 1988, Section 52 - Rule 269 of the Kerala Motor Vehicles Rules - 52 - Summary of Acts and Sections: The court discussed Section 52 of the Motor Vehicles Act, 1988, which prohibits the alteration of a vehicle without approval from the registering authority. The court also analyzed Rule 269 of the Kerala Motor Vehicles Rules, which specifies the minimum seating capacity for stage carriages based on the wheelbase of the vehicle. The court emphasized that the alteration and reconstruction of the vehicle's body must comply with the provisions of Section 52 and Rule 269. The court held that the alteration alleged in the case did not fall within the scope of Section 52 and Rule 269, and therefore, the respondent's order was deemed illegal.
Fact of the Case:
The petitioner sought a writ of certiorari to quash an order passed by the registering authority and a writ of mandamus to assign a new registration mark for a vehicle with 45 seating capacity and to endorse the transfer of ownership. The respondent alleged that the vehicle's body was reconstructed without authorization.
Finding of the Court:
The court found that the alteration of the vehicle's body did not require approval under Section 52 of the Motor Vehicles Act, 1988, and the minimum seating capacity rule under Rule 269 of the Kerala Motor Vehicles Rules was not applicable to the petitioner's vehicle. The court set aside the respondent's order and directed the respondent to assign a new registration mark and endorse the transfer of ownership.
Issues: The issues revolved around the legality of the respondent's order based on the alleged reconstruction of the vehicle's body and the applicability of Section 52 of the Motor Vehicles Act, 1988, and Rule 269 of the Kerala Motor Vehicles Rules to the petitioner's vehicle.
Ratio Decidendi: The court's decision was based on the interpretation of Section 52 of the Motor Vehicles Act, 1988, and Rule 269 of the Kerala Motor Vehicles Rules. The court emphasized that the alteration and reconstruction of the vehicle's body must comply with the provisions of Section 52 and Rule 269. The court held that the alteration alleged in the case did not fall within the scope of Section 52 and Rule 269, and therefore, the respondent's order was deemed illegal.
Final Decision: The court set aside the respondent's order and directed the respondent to assign a new registration mark for the vehicle with 45 seating capacity and to endorse the transfer of ownership in favor of the petitioner.
K.J. Joseph J.
I. Petitioner in this original petition seeks for issuance of a writ of certiorari or appropriate orders to quash Ext. P2 order passed by the registering authority, namely; the respondent herein. He also seeks for issuance of a writ of mandamus or order compelling the respondent to assign new registration mark for the vehicle PY-03/0586 with the seating capacity vide 45 in all and to endorse the transfer of ownership of vehicle in favour of the petitioner.
2. I heard the learned counsel appearing for the petitioner as well as the learned counsel for the respondent.
3. According to the petitioner, the vehicle in question was originally registered in the State of Kerala, in Wynad District as KLW 2530. The details of the description of the vehicle had been specified in the registration certificate, copy of which is produced as Ext. P1. It is seen from Ext. P1 that the vehicle has been registered in the State of Kerala on 23-10-1986 and at the time of registration, the colour of the body of the vehicle was red and the year of the manufacture of the vehicle is of the year 1986. In column 16 of Ext. P1 the gross weight of the vehicle has been specifically stated as 15,240 Kgs. and base of the wheel base was noted as 519.5 cros. With the above description, the vehicle provided fo£i45 seats in all and the registering authority had registered the vehicle and assigned the registration mark as KLW 2530. It is the further case of the petitioner that the ownership of the said vehicle had been transferred in favour of three other persons and the petitioner has purchased the vehicle on 3-7-1995.
4. Since the petitioner is a resident within Thalassery Taluk, he submitted necessary applications before the respondent on 22-8-1995 for assignment of new registration mark for the vehicle. By that time, the vehicle had been sold to a person, who is residing in the Union Territory of Pondicherry and the vehicle was assigned a registration number as PY-03/0586 with effect from 7-1-1994. He has also submitted necessary application for transfer of the ownership of the vehicle and also forgiving a new registration mark for the said vehicle as required under Rule 54 of the Central Motor Vehicle Rules in the form prescribed, namely: From No. 27. The petitioner has produced a no-objection certificate from the financier with whom the vehicle had been hypothecated under hire purchase agreement. It is the case of the petitioner that the vehicle was produced before the respondent for inspection on 24-8-1995 as directed by the respondent. But, therefore, he was served with Ext. P2 communication by the respondent, wherein the petitioner was informed that on a comparative scrutiny of the particulars contained in the registration certificate with the physical features of the vehicle, it is found that the body of the vehicle was reconstructed after its original registration and hence the petitioner is directed to produce the vehicle for inspection after fitting maximum seats in compliance of Rule 269(1) of the Kerala Motor Vehicles Rules subject to the provisions of minimum seating capacity directly proportionate to the wheel base of the vehicle. The petitioner was. also informed that the existing number of seat shall not be reduced. Petitioner challenges the validity of Ext. P2 order passed by the respondent under Article 226 of the Constitution of India.
This court issued notice to the respondent and pursuant to that on behalf of the respondent, a statement has been filed, wherein it is stated that the vehicle was produced for inspection before the Assistant Motor Vehicles Inspector, Thalassery on 24-8-1995 for the purpose of assignment of fresh registration mark. On a comparative scrutiny of the particulars contained in the registration certificate with the physical features of the vehicle, it is found that the body of the vehicle is reconstructed after its original registration. Under Rule 269 of the Kerala Motor Vehicles Rules, the petiti
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