P.K.Toms vs The Additional Registering ...
2022 Latest Caselaw 8891 Ker

              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

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

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