ASHOK BHUSHAN, A.M.SHAFFIQUE
Hassan Koya – Appellant
Versus
Transport Commissioner, Thiruvananthapuram – Respondent
Shaffique, J.
1. These appeals and writ petition concerns a common issue relating to registration of motor vehicles, either as transport vehicle or a non transport vehicle, and hence considered and decided together.
2. W.A.No.51/2014 arises from judgment dated 13/03/2009 in W.P.C.No.24546/2008 reported in Cheriyan v. Transport Commissioner [2009 (2) KLT 583]. The appeal is filed by the respondents in the writ petition. The respondent herein is the writ petitioner who sought for a direction to declare that he is entitled to register the vehicle Mahindra 'Bolero Camper 4WD' as a Light Motor Vehicle- Motor Car and for other consequential reliefs. Writ petitioner claimed that he intended to purchase such a vehicle. But, he was unable to purchase the same since respondents 2 and 3 namely the Regional Transport Officer and the Regional Transport Authority, Kozhikode have taken a stand that the said vehicle cannot be registered as a Light Motor Vehicle-Motor Car. Reference is made to the certificate issued by the Automotive Research Association of India (for short 'ARAI') indicating the type of vehicle as “Goods & passenger vehicle, Normal Control”. As evident from Annexure II wh
Cheriyan v. Transport Commissioner [2009 (2) KLT 583]
Father Jose Panakezham v. Regional Transport Officer [1998 (2) KLT 905]
Jayaprakash v. Regional Transport Officer [1999(1) KLT 393]
Oriental Insurance Company Ltd. v. Devireddy Konda Reddy and Others [(2003) 2 SCC 339]
New India Assurance Co. v. Vedwati and Others [(2007) 9 SCC 486]
Natwar Parikh & Co.Ltd. v. State of Karnataka and Others [(2005) 7 SCC 364]
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