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ABDUL SALEEM, AGED 32 v. THE REGIONAL TRANSPORT OFFICER - WP(C) No. 20450 of 2007(H)  RD-KL 17098 (11 September 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMWP(C) No. 20450 of 2007(H)
1. ABDUL SALEEM, AGED 32,
1. THE REGIONAL TRANSPORT OFFICER,
2. THE TRANSPORT COMMISSIONER,
3. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.P.SHAIJAN JOSEPH
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
O R D E R
ANTONY DOMINIC, J.
W.P.(C) NO. 20450 OF 2007
Dated this the 11th day of September, 2007
J U D G M E N T
The prayer sought for in this writ petition is to direct the respondent to register the vehicle of the petitioner mentioned in Ext.P3 as a light motor vehicle without insisting on change of colour into yellow. Further prayer is to declare that the vehicle in question is not a goods carriage vehicle under the Motor Vehicles Act. An identical issue was considered by this court in the judgment in Vijayakumar v. State of Kerala (2006(3) KLT 546) and the writ petition was disposed of directing the respondents to decide as to whether the vehicle is to be treated as a goods vehicle. It was also ordered that if it is so found, petitioner will be at liberty to file an application for exemption in terms of Rule 334, which will be entertained in accordance with law. Following the same judgment, this WPC 20450/07 writ petition is also disposed of directing the respondents to decide as to whether the vehicle in question is a goods vehicle and if it is not so, the registration will be granted as sought for by the writ petitioner. If it is found to be a goods vehicle, petitioner will be entitled to apply in terms of Rule 334, in which event, the request of the petitioner will be considered. Writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE.Rp
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