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2016 Supreme(Ker) 163

SHAJI P.CHALY
Shyamaladevi A. K. – Appellant
Versus
Regional Transport Officer, Kottayam – Respondent


Advocates:
Advocate Appeared:
Sri. I. Dinesh Menon
R1 & Addl. R3 Government Pleader, Smt. V.P. Sathi
R2 Sri. N. Nagaresh, Assistant Solicitor General

JUDGMENT :

These writ petitions are filed challenging the action of the respective Motor Vehicles Authority refusing to register or renew the fitness certificate etc. etc. on the ground that the vehicles are not fitted with Anti-lock Braking System (ABS) as provided under sub-rule (9) of Rule 96 of the Central Motor Vehicles Rules. In the first three writ petitions captioned above and in W.P.(C) No.14921 of 2012, the Constitutional validity of the said rule is under challenge. Since the subject matter of the writ petitions are similar in nature, they are disposed of together for convenience. The facts stated in W.P. (C) No.19977 of 2010 are narrated hereunder for disposal of the writ petitions. However, the details of the vehicles are first referred so as to understand the nature of the vehicles in order to arrive at a finding as to whether they are covered under sub-rule (9) of Rule 96 of the Central Motor Vehicles Rules, 1989 (for short, CMV Rules).

2. The vehicle involved is Light Commercial Vehicle (LCV) Goods Carrier Truck-Tata 407. The said vehicle has an unladen weight of 2200 Kg. (2.2 tonnes) and gross weight of 4450 Kg. (4.45 tonnes). Since the vehicle number is not mentione




















































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