The Single Bench disposed of a writ petition challenging a challan for vehicular misclassification. Relying on a Division Bench judgment that vehicle classification cannot be altered, the Court dismissed the petition.
Challan stands valid; writ petition disposed of without intimation.
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 AMIT RAWAL
TUESDAY, THE 5TH DAY OF JULY 2022 / 14TH ASHADHA, 1944
WP(C) NO. 6103 OF 2022
PETITIONER:
SIDHU THOMAS,
AGED 56 YEARS,
S/O. THOMAS, KARAMAYIL HOUSE, RATHNAPPARA,
KADAMAKUZHY POST, VALLAKKADAVU, KATTAPPANA,
IDUKKI - 685 515.
BY ADVS.
GEORGE MATHEW
M.D.SASIKUMARAN
SUNIL KUMAR A.G
GEORGE K.V.
PRAVEEN S.
DIPU JAMES
STEPHY K REGI
MATHEW K.T.
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, MOTOR VEHICLES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.2 THE TRANSPORT COMMISSIONER, TRANSPORT COMMISSIONARATE, KERALA, TRANS TOWERS, VAZHUTHACADU, THIRUVANANTHAPURAM - 695 014.3 THE REGISTERING AUTHORITY, SUB REGIONAL TRANSPORT OFFICE, CIVIL STATION, KUYILIMALA, PAINAVU P. O., IDUKKI - 685 603.4 THE ASSISTANT MOTOR VEHICLE INSPECTOR, RTO ENFORCEMENT, VENGALLOOR, THODUPUZHA, IDUKKI DISTRICT - 685 608.THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 6103 OF 2022 -2-
JUDGMENT
Ext.P4 Challan dated 25.11.2021 is under challenge on the ground that the registration of the vehicle in question was done by the registration department as LMV, however, it has been challaned for driven as LMV whereas it should have been a goods transport.
(2015 (1) KHC 741) where it has been decided that the classification cannot be changed.
In this view of the matter, I am of the view that the challan Ext.P4 cannot be interdicted in view of the
WP(C) NO. 6103 OF 2022 -3-
Division Bench judgment of this Court. Writ petition stands disposed of.
Sd/-
AMIT RAWAL
JUDGE
vv
WP(C) NO. 6103 OF 2022 -4-
APPENDIX OF WP(C) 6103/2022
PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF JUDGMENT DATED 17.11.2011
IN WP(C) NO.30593 OF 2011.
Exhibit P2TRUE COPY OF CERTIFICATE OF
REGISTRATION DATED 18.11.2011 ISSUED
BY ADDL. REGISTERING AUTHORITY,
PERINTHALMANNA.
Exhibit P3TRUE COPY OF CERTIFICATE OF
REGISTRATION DATED 11.11.2021 ISSUED
BY 3RD RESPONDENT.
Exhibit P4TRUE COPY OF NOTICE DATED 25.11.2021
ISSUED BY 4TH RESPONDENT.
1 issue framed by the court
Whether a challan issued for driving a vehicle classified as LMV can be quashed when the registration remains valid despite a different classification for goods transport.
Colour shows how this judgement treated each authority
Hassan Koya V. The Transport Commissioner, Tvm and AnotherRelied on¶17
Hassan Koya V. The Transport Commissioner, Tvm and Another (2015 (1) KHC 741)
Sidhu Thomas
State of Kerala
The Transport Commissioner
The Registering Authority
The Assistant Motor Vehicle Inspector
Amit Rawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court