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2009 Supreme(Ker) 225

C.K.ABDUL REHIM
M. P. Cherian – Appellant
Versus
Transport Commissioner, Kerala, Thiruvananthapuram – Respondent


Advocates Appeared:
For the Petitioner:C.P. Mohammed Nias, Advocate. For the Respondents: R1 to R3, Amjed Ali, Govt. Pleader.

Judgment :

This writ petition is filed seeking a direction to the respondents to register the vehicle “Mahindra Bolero Camper 4WD” as Light Motor Vehicle – Motor Car. The petitioner is intending to purchase a vehicle of the above said make, for his personal use as a passenger vehicle. Since it was apprehended that the vehicle of the above make and type will not be registered as a private vehicle (LMV-Motor Car), the petitioner submitted application to the second respondent under the Right to Information Act, for furnishing the following informations:

1) Whether the vehicle ‘Mahindra Bolero Camper 4WD’ and its variants can be registered as a private vehicle in Kerala? (copy of the specifications enclosed).

2) If not, the reasons for not registering the same.

3) If there any notification superseding the notification No.C3/3854/2002 directing the registration of the vehicle ‘Mahindra Bolero Camper 4WD’ and its variants (as private vehicle).

In Ext.P4 reply given to the petitioner, it is stated that the type of the said vehicle is “goods and passenger vehicle – normal control”. But it is stated that there exist a doubt as to whether the vehicle is to be registered as a ‘Non-Transport Ve









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