Kerala High Court
Tvs Mobility Pvt. Ltd vs State Of Kerala on 5 September, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
WP(C) NO. 28056 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946
WP(C) NO. 28056 OF 2024
PETITIONER/S:
1 TVS MOBILITY PVT. LTD.
55/1337 TO 55/1342, KAIMANAM, NEERAMANKARA,
THIRUVANANTHAPURAM REPRESENTED BY ITS DEPUTY GENERAL MANAGER
-LEGAL., PIN - 695040
2 ANUSREE M.R.
AGED 28 YEARS
D/O MANIKANTAN, "SREENILAYAM'', ALAMCODE P.O., ATTINGAL., PIN -
695102
BY ADVS.
V.KRISHNA MENON
P.VIJAYAMMA
J.SURYA
RESPONDENT/S:
1 STATE OF KERALA
REP. BY ITS SECRETARY TO MOTOR VEHICLES DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001
2 THE TRANSPORT COMMISSIONER
MOTOR VEHICLES DEPARTMENT, TRANS TOWERS,
THIRUVANANTHAPURAM., PIN - 695001
3 THE JOINT REGIONAL TRANSPORT OFFICER
REGIONAL TRANSPORT OFFICE, ATTINGAL., PIN - 695104
WP(C) NO. 28056 OF 2024
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OTHER PRESENT:
SRI. SREEJITH V.S.-GP
THIS WRIT PETITION (CIVIL) HAVING FINALLY HEARD ON 05.09.2024, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The 1st petitioner is the authorized dealer for Mahindra &
Mahindra Limited, Truck and Bus Division in the State of Kerala
and the 2nd petitioner is one of the customers of the 1st petitioner.
The 2nd petitioner had purchased an 18 + 1 seater Mahindra &
Mahindra Cruzio vehicle. The 2nd petitioner submitted an
application for registering the said vehicle as 'contract carriage'
in Forms 20 and 2.
2. The 3rd respondent has rejected the application of the 2nd
petitioner for registering his vehicle as 'contract carriage' vide
Order in Ext.P7, stating as under:
"Order No. C1 / 3952 / Attingal/2024 dated 29/07/2024
On the basis of the inspection of Contract Carriage Registration
Application under Application No. KL24070277247142, the
Inspection Officer submitted an inspection report as directed.
AIS 052 TYPE 1 buses, as specified in CMVR 125 C, are designed for
sub-urban city transport use with safety standards. But as per
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Section 2 (7) of the Motor Vehicles Act 1988, the definition of
contract carriage vehicles has been examined and the vehicles
registered as contract carriage are not reserved for sub-urban
transport use only.
Type III vehicles as specified in AIS 052 meet the definitions of
contract carriage vehicles under section 2(7) of the Motor Vehicles
Act 1988. Along with this, FIRE ALARM AND PROTECTION SYSTEM
IN OCCUPANT COMPARTMENT as per AIS 135 has been mandated as
per CMVR 125 C (7)(b) Table 17 (A) for additional security for Type
III M3 vehicles from 1 October 2023.
Based on the above, your application to register your Type I Vehicle
as Contract Carriage is unconditionally rejected. Any objection
against this order may be submitted to the Appellate Authority
mentioned below within 30 days.
Regional Transport Officer
RTO Attingal"
3. The petitioner does not dispute that the vehicle is a
Type-I vehicle that can be used as a contract carriage vehicle for
operating urban and sub-urban/city transport. The petitioner has
never claimed that his vehicle should be registered as a Type-II
vehicle, which is designed and constructed for inter-urban/inter-
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city transport without a specified area for standing passengers.
4. When the petitioner has sought registration of his
vehicle as 'contract carriage' in the Type-I category, the ground
for rejection appears to be wholly incorrect. The petitioner has
never sought registration of the vehicle as a Type-II or Type-III
vehicle. Type-I contract carriage vehicle can only operate urban
and sub-urban/city transport.
4.1 In view thereof, the impugned order in Ext.P7 rejecting
the petitioner's application by refusing to register the 2nd
petitioner's vehicle as 'contract carriage' in Type-I is incorrect
and therefore the same is set aside. The 3rd respondent is directed
to consider the application of the petitioner for registering the
same as a contract carriage vehicle under the Type-I category.
The requirement for having a fire alarm and protection system in
an occupant compartment is not required for vehicles having a
seating capacity of less than 22.
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With the aforesaid direction, the present writ petition stands
allowed.
Sd/-
DINESH KUMAR SINGH
JUDGE
jjj
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APPENDIX OF WP(C) 28056/2024
PETITIONER EXHIBITS
Exhibit P1 A COPY OF THE SALE INVOICE DATED 22.6.2024 ISSUED BY
THE FIRST PETITIONER TO THE SECOND PETITIONER
Exhibit P2 THE COPY OF THE FORM - 20 APPLICATION SUBMITTED FOR
TEMPORARY REGISTRATION
Exhibit P3 THE COPY OF THE FORM - 21 APPLICATION SUBMITTED
ALONG WITH THE APPLICATION FOR TEMPORARY
REGISTRATION
Exhibit P4 THE COPY OF THE FORM - 22 ROAD WORTHINESS
CERTIFICATE ISSUED BY THE MANUFACTURER AND
SUBMITTED FOR TEMPORARY REGISTRATION
Exhibit P5 A COPY OF THE TEMPORARY REGISTRATION CERTIFICATE
DATED 2.7.2024 FOR THE VEHICLE PURCHASED BY THE
SECOND PETITIONER
Exhibit P6 THE COPY OF THE RELEVANT PORTION OF INSURANCE
POLICY DATED 2.7.2024 FOR THE SECOND PETITIONER'S
VEHICLE
Exhibit P7 A COPY OF THE ORDER OF THE THIRD RESPONDENT DATED
29.7.2024 ALONG WITH ITS ENGLISH TRANSLATION
Exhibit P8 A COPY OF THE RELEVANT PAGES OF THE AIS: 052 (REVISED)
CODE
Exhibit P9 A COPY OF THE NOTIFICATION DATED 28.4.2023
Exhibit P10 A TRUE COPY OF THE CERTIFICATE DATED 13.01.2023 ISSUED
BY THE ARAI
