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2015 Supreme(Ker) 14

ASHOK BHUSHAN, A.M.SHAFFIQUE
Hassan Koya – Appellant
Versus
Transport Commissioner, Thiruvananthapuram – Respondent


Advocates Appeared:
For the Appellant:Jagan George, P. Jayabal Menon, Advocates.
For the Respondents: Girija Gopal, Spl. Govt. Pleader.

Judgment :-

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


























































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