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2025 Supreme(Ker) 3162

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P.
Natural Wood & Veneers Pvt. Ltd. – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Appellants : V. Krishna Menon, E.K. Madhavan, P. Vijayamma, J. Surya, A.B. Beenu
For the Respondent: Mohammed Rafiq

Table of Content
1. operational scope and use of machinery (Para 1 , 2 , 3)
2. jurisdiction on vehicle registration (Para 4 , 5)
3. legality and procedure of appeal (Para 6 , 7)
4. definition of motor vehicle and application (Para 8 , 9 , 10)
5. regulatory amendments and implications (Para 11 , 12 , 13)
6. construction equipment vehicles definitions (Para 14 , 15 , 16)
7. cumulative interpretation of regulations (Para 17 , 18)

JUDGMENT :

1. The petitioner, a company engaged in the manufacture and sale of plywood and veneer at its factory in Vettickal, Mulanthuruthy, Ernakulam, uses two forklifts, purchased in 2005 and 2017, and a crane, purchased in 2002, exclusively for lifting and moving timber logs within its 6-acre factory premises. It is the petitioner’s case that these machines function solely as material- handling equipment inside the enclosed factory compound and are never used on public roads, and therefore, they do not fall within the definition of “motor vehicle” under Section 2 (28) of the Motor Vehicles Act, 1988 and do not require registration.

3. The petitioner further contends that Section 39 of the Motor Vehicles Act, 1988 , mandates registration only for vehicles intended

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