IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 11TH DECEMBER 2009 / 20TH AGRAHAYANA 1931 W.P(C).No. 35820 of 2009(V) -------------------------- PETITIONER(S): ---------------------- ROY ANTONY, S/O.LATE VARGHESE, AGED 33 YEARS, THOPPIL HOUSE, THATHAMPALLY P.O., ALAPPUZHA. BY ADV. SRI.B.PRAMOD RESPONDENT(S): ----------------------- THE REGIONAL TRANSPORT AUTHORITY, (REGISTERING AUTHORITY), ALAPPUZHA. BY GOVERNMENT PLEADER MR. K.C. SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN,J. -------------------------------------- W.P(C). NO. 35820 OF 2009 ---------------------------------- Dated this the 11th day of December, 2009 JUDGMENT The petitioner is a contractor who has entered into a contract for transportation of petroleum products on behalf of the Indian Oil Corporation. For the purpose of executing the contract, the petitioner purchased a chassis of a vehicle which was later converted into an Oil Tanker. He obtained Ext.P2 Temporary Registration Certificate. When the same was produced for registration under Section 39 of the Motor Vehicles Act, the registering authority refused to register the vehicle on the ground that the vehicle is not fitted with Anti-lock Brake System (ABS), which, as per rules is mandatory for such vehicles, for getting registration. Petitioner submits that these requirements have been newly introduced and therefore, the manufacturers have not yet started manufacturing vehicles incorporating ABS. The petitioner would therefore pray that the respondent may be directed to register the vehicle subject to the petitioner fitting the vehicle with ABS within a stipulated time. W.P(C). NO. 35820/2009 2 I have heard the government Pleader also. This Court has in other similar writ petitions, directed the registration of similar vehicles subject to fitting the vehicle within a stipulated time. Accordingly the writ petition is disposed of with the following directions:- The respondent shall register the petitioners vehicle on condition that the petitioner shall within one month from such registration, produce the vehicle for inspection incorporating ABS in the vehicle. The respondents may endorse this condition in the R.C. Book also. If the petitioner does not produce the vehicle for inspection within the said time with ABS, it would be open to the respondent to seize the vehicle and cancel the registration. The writ petition is disposed of as above. S.SIRI JAGAN, JUDGE. mns