← Library
Madras High CourtWP/29593/2025disposed of

K.Devasenapathy v. The Regional Transport Officer

2025-08-13Honourable Mrs.Justice N. Mala6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-08-2025

CORAM

THE HONOURABLE MRS.JUSTICE N. MALA and WMP Nos.33148 & 33150 of 2025 K.Devasenapathy S/o.M.Karunakaran.

Petitioner(s) Vs The Regional Transport Officer RTO, Central Zone, Dr.Balasundaram Road, Coimbatore-641 018.

Respondent(s) PRAYER:Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus, to call for the records relating to the order dated 23.07.2025 in R.No.37727/ A2/ 2025 passed by the respondent, quash the same and consequently directing the respondent to register the petitioner's Mahindra Bolero Camper Gold ZX 2WD PS BS-VI bearing Engine No.JNS4D19699 and Chassis No.MA1RY2JNKS5D36421 as a Non-Transport Light Motor vehicle.

For Petitioner(s):

Mr.N.Ponraj For Respondent(s):

Mrs.C.Meera Arumugam, Additional Government Pleader

ORDER

This writ petition is filed for a Writ of Certiorarified Mandamus, to call for the records relating to the order dated 23.07.2025 in R.No.37727/ A2/2025 passed by the respondent, quash the same and consequently, direct the respondent to register the petitioner's Mahindra Bolero Camper Gold ZX 2WD PS BS-VI bearing Engine No.JNS4D19699 and Chassis No.MA1RY2JNKS5D36421 as a Non-Transport Light Motor vehicle. 2.Mrs.C.Meera Arumugam, learned Additional Government Pleader takes notice for the respondent.

3.By consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.

4.The case of the petitioner is that he is the owner of agricultural lands measuring about 14 acres, in Tholampalayam Village, and 25 acres in Velliangadu Village, of Karamadai Taluk, in Coimbatore District. The petitioner states that for the purpose of his farming activities, he purchased a

Mahindra Bolero Camper Gold ZX 2WD PS BS-VI bearing Engine No.JNS4D19699 and Chassis No.MA1RY2JNKS5D36421, on 30.06.2025. The petitioner further states that the vehicle was purchased for his personal use in his farms lands and not for any commercial purpose. While so, the petitioner approached the respondent for registering the vehicle as a Non-Transport Light Motor vehicle, but the respondent did not respond. The petitioner therefore submitted a written representation on 16.07.2025, to the respondent seeking registration of the vehicle as a Non-Transport Vehicle along with an undertaking to use the vehicle for private purpose only. Pursuant to the petitioner's written representation, the respondent passed the impugned order on 23.07.2025, rejecting the petitioner's aforesaid request. Aggrieved over the same, the petitioner has filed the present writ petition. 5.The learned counsel for the petitioner referring to the order passed by this Court in W.P.No.654 of 2017 on 28.02.2017, submitted that as the facts are identical, similar order may be passed in this writ petition.

6.Heard both sides. Perused the record.

7.In the order dated 28.02.2017 in W.P.No.654 of 2017, this Court in para 5 held as follows:

5.It is not in dispute that the petitioner is the owner of agricultural lands, as stated above. It is the specific case of the petitioner that the Mahindra Bolero vehicle is purchased only for agricultural purpose and he will not use the same for any other commercial purpose. This Court, in W.P.No.11378 of 2016 dated 12.04.2016 has set aside the similar impugned order and directed the respondent to register the vehicle as non-transport vehicle. Following the same, the impugned order in Na.Ka.No.24155-A3-2016 dated nil.11.2016 (signed on 22.12.2016) passed by the respondent is set aside and the matter is remitted back tot he respondent to consider the petitioner's application for registering the vehicle as non-transport vehicle, within a period of four (4) weeks from the date of receipt of a copy of this order.

8.In my considered view, the aforesaid order squarely applies to the facts of this case. Following the above order, the impugned order of the respondent dated 23.07.2025 in R.No.37727/ A2/ 2025, is set aside and the matter is remanded to the respondent to consider the petitioner's representation for registering the vehicle as Non-Transport Light Motor vehicle, on merits and in accordance with law, and pass appropriate orders within a period of six (6) weeks from the date of receipt of a copy of this order. 9.With the aforesaid direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 13-08-2025 sli Index:Yes/No Speaking/Non-speaking order Internet:Yes To The Regional Transport Officer RTO, Central Zone, Dr.Balasundaram Road, Coimbatore-641 018.

N.MALA J.

sli WP No. 29593 of 2025 and WMP Nos.33148 & 33150 of 2025 13-08-2025 (2/2)