WP(C) No. 15761 of 2012 · Kerala High Court

HARUN-UL-RASHID, J.------------------------W.P.(C).No.15761 Of 2012----------------------Dated this the 17th day of September, 2012.J U D G M E N TThe writ petition is filed for a direction directing the 1strespondent to change the class and type of the vehicle bearingReg. No.KL-32-B-4412 from LMV Goods Carriage to private service vehicle for private use as per Table XI under Section 41(4) of the Motor Vehicles Act, 1988.

The petitioner is the registered owner of the vehicle bearing Reg. No.KL-32-B-4412 (Bolero Camper MDI TC 4 WD BS2of Mahindra make). According to the petitioner the vehicle ought to have been registered as 'private service vehicle' for private use of the petitioner as per the class under the Table XI of Section 41(4) of the Motor Vehicles Act. The vehicle was registered on6.3.2010 under the class 'LMV - Goods Carriage' by the 1strespondent. The petitioner submits that he had requested the registering authority to register the vehicle as private service vehicle pointing out that the vehicle is having seating capacity of6 seats and a trailer, which is intended to carry manure and agricultural tools and implements to the farm of the petitioner ::2::W.P.(C).No.15761 Of 2012and agricultural produce from the farm to the market regularly. It is also pointed out that the petitioner has been using the vehicle since its registration exclusively for the family activities being carried out in 54 acres of land in Sy.No.18/11 of Niralakuppa Villae in Hozoor Taluk, Mysore and 35 acres of landin Sy.Nos.400, 395, 396, 397 etc. of Idaikkal Village in Ambasamudram Taluk, Thirunelveli, owned by the petitioner. The petitioner submits that at no point of time, the vehicle isused for hire or reward. The petitioner contended that his claim to register the vehicle under the class private service vehicle asper the schedule under Section 41(4) of the Motor Vehicles Actwas not considered by the registering authority though the petitioner is entitled to the change of class and type of the vehicle from 'LMV Goods Carriage' to 'private service vehicle' for private use as per Table XI under Section 41(4) of the MotorVehicles Act, 1988. The petitioner also produced copy of the notification issued in exercise of the powers conferred under Section 41(4) of the Act in which the Central Government has specified the type of motor vehicles as mentioned in columns 1 & ::3::W.P.(C).No.15761 Of 20122 of the Table. The notification is dated 5.11.2004. Item (xi) of the table of non-transport vehicle is 'Camper van or trailer for private use'. In the said circumstances, petitioner approached this Court for the aforesaid reliefs.

Heard the learned counsel for the petitioner and the learned Government Pleader.

During the pendency of the writ petition, the petitioner again submitted Ext.P7 application in the prescribed form seekingre-registration of the vehicle which according to him was wrongly registered as 'LMV Goods Carriage' instead of 'private servicevehicle'.In the facts and circumstances, the writ petition is disposed of directing the registering authority to consider Ext.P7application and pass appropriate orders, within a period of one month from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. HARUN-UL-RASHID, Judge.bkn/-