IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 6TH DECEMBER 2010 / 15TH AGRAHAYANA 1932 WP(C).No. 36117 of 2010(L) -------------------------- PETITIONER(S): ---------------------- 1. JOSE T.A, PARAPPURAM HOUSE, AIMURY, PERUMBAVOOR, 2. BIJU POTHENPILLY HOUSE, KOOVAPPADY, PERUMBAVOOR BY ADVS. SRI.SAJEEV KUMAR K.GOPAL SMT. AMBIKA RADHAKRISHNAN RESPONDENT(S): ------------------------- THE JOINT REGIONAL TRANSPORT OFFICER, PERUMBAVOOR, PIN-683542 BY GOVT. PLEADER SRI. P.M. MANOJ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.36117 of 2010 ---------------------------- Dated 6th December, 2010 JUDGMENT This writ petition has been filed mainly with a prayer to issue a writ of mandamus commanding the respondent to consider Exts.P4 to P6 requests submitted by the petitioners for alteration of the vehicles bearing registration Nos.KL-03/H-7067, KL-05/L-6597 and KL-05/N-1821 as generator mounted vehicles. Evidently, the request of the petitioner is to mount generator in the vehicles. Alteration in the vehicle is subject to section 52 of the Motor Vehicles Act (for short `the Act'). Any alteration which would change the basic feature of the vehicle is impermissible in terms of section 52 of the Act. However, the question whether mounting of a generator in a motor vehicle would change the basic feature of the vehicle has been considered by this Court in a number of writ petitions. After considering the relevant provisions it was held that mounting a generator in a vehicle would not change the basic feature of the vehicle. Naturally, it will not violate the provisions under section 52 of the Act. So also mounting a generator will not change the classification of the vehicle. In the light of the said position obtained in this case, this writ petition is disposed of with a direction to the respondent to consider Exts.P4 to P6 requests submitted by petitioners and grant permission to the petitioners WP(C).No.36117/2010 2 to mount generator in the vehicles bearing registration Nos.KL-03/H- 7067, KL-05/L-6597 and KL-05/N-1821 within one month from the date of receipt of a copy of this judgment. It is made clear that if at a later point of time in case it is found that the classification of the vehicles in question is changed, it will be open to the respondent to take appropriate action in accordance with law. Sd/- C.T.RAVIKUMAR Judge TKS // True copy // P.S. To Judge