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2025 Supreme(Online)(Ker) 53006

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
NATURAL WOOD & VENEERS PVT. LTD. – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: V.KRISHNA MENON, E.K.MADHAVAN, P.VIJAYAMMA, J.SURYA, A.B.BEENU
For the Respondents: SRI.MOHAMMED RAFIQ

'CR'

JUDGMENT

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.

2. It is contended that, based on a complaint allegedly lodged by certain disgruntled workers, the 2nd respondent conducted an inspection and issued Exhibit P4 dated 09.05.2025, directing the stoppage of the equipment’s use, citing lack of maintenance, registration, and insurance. According to the petitioner, these allegations are baseless, as the forklifts and crane are treated as machinery under Section 2 9 of the Factories Act, 1948 , and undergo periodic safety examinations, evidenced by Exhibits P5, P5(a), and P5(b). The crane is also covered

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