Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH FRIDAY, THE 6TH DAY OF OCTOBER 2023 / 14TH ASWINA, 1945 WP(C) NO. 32827 OF 2023 PETITIONER:
SOFIYA M AGED 47 YEARS W/O. ABDUL SALAM, AL SALAMA HOUSE, MATTAKKULAM, VANIYAMBALAM P.O., WANDOOR, MALAPPURAM DISTRICT, PIN - 679339 BY ADV K.RAKESH RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF MOTOR VEHICLES, SECRETARIAT, TRIVANDRUM, PIN - 695001 2 THE STATE TRANSPORT COMMISSIONER OFFICE OF THE STATE TRANSPORT COMMISSIONER, CIVIL STATION, KUDAPPANAKUNNU, THIRUVANANTHAPURAM, PIN - 695043 3 THE REGIONAL TRANSPORT AUTHORITY REPRESENTED BY ITS SECRETARY, REGIONAL TRANSPORT OFFICE, CIVIL STATION, UP-HILL, MALAPPURAM, PIN - 676505 4 THE SUB REGIONAL TRANSPORT OFFICER OFFICE OF THE SUB REGIONAL TRANSPORT OFFICER, NILAMBUR, MALAPPURAM DISTRICT, PIN - 679329 S. GOPINATHAN-SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC No.32827 of 2023 2 JUDGMENT Dated this the 6th day of October, 2023 1.
The present writ petition has been filed under Article 226 of the Constitution of India seeking the following reliefs:
(i) Issue a writ of mandamus or any other appropriate writs, orders of directions directing the respondents to register the vehicle of the petitioner as private non-transport vehicle in the interest of justice.
(ii) Declare that the petitioner is entitled to register her vehicle as non-transport vehicle since she intends to use it for personal use only.
(iii) Grant such other reliefs as the Hon’ble Court may deem fit and proper in the circumstances of the case.
2.
The petitioner owns a vehicle, which is registered as goods carrier. The petitioner wants the said vehicle to be now registered as personal car. Learned counsel for the petitioner is not in a position to point out any rule or provisions of the Motor Vehicles Act, which facilitates a goods transport vehicle to be converted as personal
WPC No.32827 of 2023 3 vehicle. When there is no provision under the Act or rules made thereunder vesting the petitioner with a legal right to seek such a change and no corresponding duty on the authorities concerned to affect such a change, this writ petition is wholly misconceive and no mandamus can be issued.
3.
With the aforesaid direction, the present writ petition stands finally disposed of.
Sd/- DINESH KUMAR SINGH JUDGE AP
WPC No.32827 of 2023 4 APPENDIX OF WP(C) 32827/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE GST TAX INVOICE DATED 31-08-2023 ISSUED BY THE DEALER TO THE VEHICLE OF THE PETITIONER Exhibit P2 TRUE COPY OF THE TEMPORARY CERTIFICATE OF REGISTRATION OF THE VEHICLE PURCHASED BY THE PETITIONER DATED 06-09-2023