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1992 Supreme(Ker) 375

PAREED PILLAY
Sunny Scaria – Appellant
Versus
Joint R. T. O. Palai – Respondent


Judgment :-

Petitioners who arc the owners of Tourer Jeeps with registration as omni bus want to operate it as goods carriage. They filed applications for altering the class of vehicle to goods vehicle. Ext.P6 in O.P.14083/92 and Ext.P-7 in all other Original Petitions are the proceedings of the respondent rejecting the applications. The challenge in all these original petitions is against the rejection of the applications.

2. Contention of the petitioners is that the Motor Vehicles Act or Rules do not contain any prohibition with regard to the conversion of passenger vehicle into goods vehicle and so Ext.P6 and P-7 cannot be sustained.

3. The short question that arises for consideration is whether the registered owners/ application for conversion of the class of the vehicle should have been allowed, in the normal course by the respondent. In other words, whether the registered owner of the vehicle is the sole arbiter to decide the conversion of the class of his vehicle is the moot point that has to be considered. The respondent rejected the applications for alteration of the class of the vehicle from Omni bus to goods vehicle on the ground that the prototype of the vehicle was not t


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