IMPORTANT POINTS
The vehicle purchased by the petitioner is a 'cab and chassis' with a completed occupant compartment, i.e., driver cabin already type approved as per the test parameters contained in Table I below sub-rule (3) of Rule 125C of the Central Motor Vehicles Rules, i.e., as per the requirements of the specified clauses of AIS-093 (Rev.1). The said vehicle requires addition of cargo carrying or load bearing components to perform its intended functions, without violating the dimensions and the type approval. While adding cargo carrying or load bearing components, no alterations or modifications can be made to the already type approved 'cab' (driver cabin/occupant compartment) or to the vehicle systems and components, e.g., chassis, suspension, brake system, steering system, electrical system, fuel system, engine, etc. Any alterations or modifications of the windscreen, front doors, headlights, direction indicators, reflectors, reflective tapes, etc. of the type approved driver cabin of the vehicle is legally impermissible. The position of the headlights, direction indicators, reflectors, reflective tapes, etc. cannot also be changed.

JUDGMENT :

The petitioner purchased a 'TATA LPT 909 EX2/38WB BSIV Cab Chassis' manufactured by M/s.TATA Motors, covered by Ext.P1 sale certificate issued by M/s.Focus Motors, Edappally in Form No.21. The 'class of vehicle' mentioned in Ext.P1 sale certificate dated 10.10.2018 and Ext.P2 vehicle data sheet dated 10.10.2018 is 'MGV -Goods Carrier Truck' (Medium Goods Vehicle) and the 'type of body' is 'Cab Chassis'. The 'unladen weight' of the vehicle is 3,040kg and the 'gross vehicle weight' is 9,600kg. The 'seating capacity' of the vehicle (including driver) is 'two'. Based on Ext.P4 application for registration dated 10.10.2018, the vehicle was granted with temporary registration valid from 10.10.2018 to 08.11.2018 and assigned temporary registration mark 'KL-07-CX-TEMP-7923', as evidenced by Ext.P3 temporary certificate of registration dated 11.10.2018 issued by the 1st respondent Registering Authority. The petitioner removed the 'cab' attached to the chassis and fabricated bus-like body on the chassis with collapsible door shutter in the middle of left side body. A generator is mounted inside a separate cabin at rear overhang and the exhaust pipe of the generator is connected to the roof at the right rear-end, pointing to rear side. The photograph of the vehicle after fabrication of a bus-like body is placed on record as Ext.P5.

2. In paragraph 3 of the writ petition it is averred that, the petitioner erected generator in the body of the vehicle without making any change or alteration to the chassis. Mounting of generator in the vehicle with covered body would not offend any of the provisions of the Motor Vehicles Act or the Rules. There is no alteration to the body of the vehicle and the vehicle itself was purchased for fitting generator. As per the notification issued by the Government, vehicle fitted with generator had to be classified as Non-Transport Vehicle.

3. In the writ petition it is contended that the inaction on the part of the respondent in registering the vehicle as Non-Transport Vehicle is highly arbitrary and illegal. On account of the delay on the part of the respondent in registering the vehicle, the petitioner is not in a position to use that vehicle. In such circumstances, the petitioner has filed this writ petition seeking a writ of mandamus commanding the respondent to consider and dispose of Ext.P4 application for registration and register the petitioner's vehicle as 'Non-Transport Vehicle -Generator Van' and levy tax at the rate applicable to Non-Transport Vehicle.

4. On 27.03.2019, when this writ petition came up for consideration, the learned counsel for the petitioner sought time to get instructions as to the body-builder, who had undertaken bodybuilding of the petitioner's vehicle, as seen in Ext.P5 photograph. On 28.05.2019, the petitioner filed I.A.No. 2 of 2019 seeking an order to implead the bodybuilder, namely, M/s.Sisira Automobiles, as additional 2nd respondent, which was allowed on 31.05.2019. Thereafter, on 17.06.2019, the petitioner was permitted to take out urgent notice on admission to the additional 2nd respondent, returnable within two weeks. Despite service of notice, none appears for the additional 2nd respondent.

5. On 22.05.2019, when this writ petition came up for consideration, the learned Government Pleader submitted that the respondent shall file a statement/counter affidavit after inspecting the vehicle in question. The learned counsel for the petitioner submitted that the petitioner shall produce the vehicle before the registering authority for inspection on 24.05.2019. Along with a memo filed by the learned Senior Government Pleader dated 28.05.2019, the inspection report dated 24.05.2019 of the Motor Vehicle Inspector, Regional Transport Office, Ernakulam, is placed on record. On 31.05.2019, when this writ petition came up for consideration, the learned counsel for the petitioner sought time to get instructions on the inspection report dated 24.05.2019.

6. The 1st respondent h