Dismissed
Noushad v. the Registering Authority
Kerala HCWP(C)/1117/2013
Case brief
from the order text
What is this about?
COURT OF KERALA AT ERNAKULAM PRESENT: THE…
What the court decided
AI extract
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
TUESDAY, THE 15TH DAY OF JANUARY 2013/25TH POUSHA 1934
WP(C).No. 1117 of 2013 (L)
PETITIONER(S):
NOUSHAD, S/O. ALAVI, 588/5,KOTHORADI HOUSE,KOHINOOR, CALICUT UNIVERSITY THENHIPALAM P.O., MALAPPURM - 673 636.
BY ADVS.SRI.K.V.SOHAN SMT.SREEJA SOHAN.K. SRI.GEORGE JOSEPH PULIMOOTTIL SRI.N.N.ARUN BECHU SRI.ROVIN RODRIGUES
RESPONDENT(S):
1. THE REGISTERING AUTHORITY, REGIONAL TRANSPORT OFFICE,TIRURANGADI, MALAPPURAM DISTRICT,PIN- 676 306
2. THE TRANSPORT COMMISSIONER FOR STATE OF KERALA,TRIVANDRUM,PIN- 695 001
BY GOVERNMENT PLEADER SRI.MUHAMMED SHAFI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C)NO.1117/2013
APPENDIX
PETITIONER(S) EXHIBITS
EXHIBIT-P1 - TRUE COPY OF THE SALE CERTIFICATE DT.29-12-2012
EXHIBIT-P2 - TRUE COPY OF THE CERTIFICATE OF TEMPORARY REGISTRATION DATED 29-12-2012
EXHIBIT-P4 - TRUE COPY OF THE BROCHURE OF THE VEHICLE IS SHOWING THE DESCRIPTION OF THE VEHICLE
EXHIBIT-P5 - TRUE COPY OF THE INTERIM ORDER IN WPC.29749/2012 DT.13-12-2012
EXHIBIT-P6 - TRUE COPY OF THE FINAL REPORT IN WPC.269/2013, DT 3-1-2013
RESPONDENTS' EXHIBITS : NIL
/TRUE COPY/
P.S.TO.JUDGE
sts
V.CHITAMBARESH, J.
W.P.(C) No. 1117 OF 2013
Dated this the 15th day of January, 2013
J U D G M E N T
Heard the counsel for the petitioner and the Government Pleader for the respondents.
Cheriyan Vs. Transport Commissioner [2009 (2) KLT 583]
and Alex Thomas Vs. State of Kerala [2008 (4) KLT 603] . There can therefore be no objection in law to register Mahindra Bolero Camper presented by the petitioner for registration as a non transport private vehicle. Ext.P3 representation submitted by the petitioner shall be dealt with accordingly without insisting half of the vehicle to be painted yellow. The petitioner shall however file an undertaking before the registering authority not to use the vehicle for carriage of goods or passengers on hire or reward.
The Writ Petition is disposed of.
V.CHITAMBARESH, Judge.
nj.
2 issues framed by the court
Whether the registration of a Mahindra Bolero Camper as a non-transport private vehicle is legally objectionable.
Whether the petitioner must paint half of the vehicle yellow despite prior decisions permitting non-transport registration.
Colour shows how this judgement treated each authority
Cheriyan Vs. Transport CommissionerReferred¶33
Cheriyan Vs. Transport Commissioner [2009 (2) KLT 583]
Alex Thomas Vs. State of KeralaReferred¶33
Alex Thomas Vs. State of Kerala [2008 (4) KLT 603]
Noushad
The Registering Authority, Regional Transport Office, Tirurangadi
The Transport Commissioner for State of Kerala
V.Chitambaresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court