Research › Search › Judgment

Kerala High Court · body

2004 DIGILAW 305 (KER)

K. Joy v. The Regional Transport Officer

2004-07-01

K.BALAKRISHNAN NAIR

body2004
JUDGMENT K. Balakrishnan Nair, J. 1. The petitioner has purchased the chassis of a heavy goods vehicle from Ashok Leyland as per Ext. P1 sale certificate dated 26-12-2003. The said vehicle was given temporary registration on the very same day as per Ext. P2. The petitioner built a body on it and thereafter moved the respondent to register the said vehicle by submitting Ext. P3 application on 21-06-2004. In the meantime, Ext. P4 amendment was introduced to R.98 of the Central Motor Vehicles Rules by incorporating a new sub-r.(5) for the said rule. It reads as follows: "On and after 1st May, 2004, the Category N3 multi axle vehicles shall be fitted with power steering". The said amendment was introduced as per Ext. P4 notification dated 27-12-2002. In view of the said notification, the petitioner's application for registration is not being granted on the ground that his vehicle is not fitted with a power steering device. This Writ Petition is filed seeking a writ of mandamus to the respondent to register the vehicle without insisting for fitting the power steering gear. - 2. I heard the learned Government Pleader for the respondent also. The point to be decided is whether the cut off date given in sub-r.(5) of R.98 will apply to manufacturing of vehicles or registration of vehicles. If no vehicle could be registered after 01-05-2004, which is not fitted with power steering gear, petitioner's application is liable to be rejected. If the said cut off date applies only to manufacturing, the petitioner is entitled to succeed. R.98 has been framed in exercise of the power conferred on the Central Government under S.110(c). The said Section comes under Chap.7 of the Motor Vehicles Act dealing with construction, equipments and maintenance of motor vehicles. Sub-section 3 of S.109 empowers the Government to issue a notification in public interest, notifying that any article or process used by the manufacturer shall conform to such standards as may be specified in that order. In exercise of power under S.110, the provisions in Chap.5 of the Central Motor Vehicles Rules have been framed. sub-r.4 of R.98 reads as follows: "Every heavy passenger motor vehicle manufactured after expiry of six months from the date of commencement of the Central Motor Vehicle (Amendment) Rules, 2000 (including the date of such commencement) shall be fitted with power steering gears". sub-r.4 of R.98 reads as follows: "Every heavy passenger motor vehicle manufactured after expiry of six months from the date of commencement of the Central Motor Vehicle (Amendment) Rules, 2000 (including the date of such commencement) shall be fitted with power steering gears". So, the obligation under this sub-r. to fit with power steering gears is at the time of manufacturing the vehicles, after six months from the date of publication of the rule, which was 25-01-2000. So, the scheme of the statutory provisions and the rules would show that it is the liability of the manufacturer to comply with the mandate of the above rule. But, while introducing sub-r.5, the rule making authority did not specify whether the obligation to fit power steering gear is at the time of manufacturing the vehicle or at the time of registration of the vehicle. Going by the scheme of the Act and Rules, I think, the contention of the petitioner is well founded that it is an obligation of the manufacturer to manufacture vehicles with effect from that date, fitted with power steering gear. Therefore, the vehicles manufactured in October, 2003 can be registered without insisting for fitting power steering gears. It is declared so. Accordingly, the Writ Petition is disposed of directing the first respondent to register the vehicle of the petitioner, if the same is manufactured before 01-05-2004. The first respondent shall do the same, within two weeks from the date of receipt of a copy of this judgment.