IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
WP(C) NO. 21176 OF 2022
PETITIONER:
P.K.TOMS
AGED 48 YEARS
S/O KURIAKOSE, KELACHAPARAMBIL HOUSE,
BRAHMAMANGALAM P.O., THALAYOLAPARAMBU,
KOTTAYAM - 686605.
BY ADV I.DINESH MENON
RESPONDENT:
THE ADDITIONAL REGISTERING AUTHORITY,VAIKOM
REGIONAL TRANSPORT OFFICE, VAIKOM P.O., VAIKOM,
KOTTAYAM DISTRICT-686141.
SRI V K SUNIL, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.21176/2022
2
JUDGMENT
The petitioner is the registered owner of a vehicle bearing registration No.KL-05A/9246 which was initially classified by the manufacturer as Omni bus. On the request of the petitioner, it was classified as LGV (Light Goods Vehicle) as evident from the endorsement dated 3.11.1993 Ext.P1, by the respondent authority.
2. Learned counsel for the petitioner submits that the said classification could not have been done in view of the provisions of Section 52 of the Motor Vehicles Act and judgments of the Supreme Court and various High Courts, including this Court. The petitioner made Ext.P2 request dated 22.3.2022 before the respondent to revert back the Omni bus classified by the manufacturer.
3. Learned Government Pleader accepts notice on behalf of the respondent and submits that the respondent would not be averse in taking a call on the request as it is pertaining to reverting back to the original state.
Without expressing any opinion on merits, I dispose of the Writ Petition by issuing directions to the respondent to take a call WP(C) No.21176/2022 3 on the request of the petitioner for reclassification of the vehicle back to the original state i.e., Omni bus as classified by the manufacturer, in accordance with law. Let this exercise be undertaken within a period of 45 days from the date of receipt of a certified copy of the judgment.
Sd/-
AMIT RAWAL JUDGE csl WP(C) No.21176/2022 4 APPENDIX OF WP(C) 21176/2022 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE RC BOOK OF KL-05 A 9246. Exhibit P2 TRUE COPY OF THE REQUEST DATED 22.3 2022. RESPONDENT'S EXHIBITS :
NIL