IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 17TH DECEMBER 2009 / 26TH AGRAHAYANA 1931 WP(C).No. 36527 of 2009(I) -------------------------- PETITIONER(S): --------------- PRASAD BHASKAR, PARACKAL HOUSE, KALIYAR P.O., VANNAPPURAM, THODUPUZHA. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): --------------- THE JOINT REGIONAL TRANSPORT OFFICER, THODUPUZHA. SR.GOVT. PLEADER K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 36527 of 2009 ================== Dated this the 17th day of December, 2009 J U D G M E N T For the purpose of executing a contract with the Bharat Petroleum Corporation Ltd for distribution of gas cylinders, the petitioner purchased a TATA 407 vehicle. The same was registered as as an ordinary light goods vehicle. The petitioner applied for authorization to use the vehicle for the purpose of carrying LPG gas cylinders. The same was rejected stating that for considering that application, the petitioner has to fit the vehicle with Antilock Braking System (ABS). The petitioner submits that the petitioner is ready to fit the vehicle with ABS, but it would would require time. He also submits that if the authorisation is delayed, the petitioner would suffer huge loss because he would not be able to execute the contract with the BPC Ltd. The petitioner points out that in other similar cases this Court has directed the registering authority to register vehicles subject to the condition that the vehicles are fitted with ABS within a specified time. 2. I have heard the learned Government Pleader also. 3. Although the learned Government Pleader opposes the prayer of the petitioner, he does not dispute the fact that in other similar cases orders have been passed by this Court permitting the owners of the vehicles to use such vehicles on condition that the w.p.c.36527/09 2 owners fit the vehicles with ABS within a specified time. 4. Having heard both sides, I dispose of this writ petition with the following directions: The respondent shall issue necessary authorisation for which the petitioner has applied, on condition that the petitioner would produce the vehicle fitted with the ABS for inspection within one month from the date of authorisation. It would be open to the respondent to endorse such requirement in the registration certificate of the vehicle, for which the petitioner shall produce the registration certificate before the respondent. If the petitioner does not produce the vehicle for inspection after fitting the same with ABS within one month as directed above, it would be open to the respondent to cancel both the authorization and registration of the vehicle and to seize the vehicle. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge