IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 WP(C).No. 7032 of 2010(D) --------------------------------------- PETITIONER(S): ------------------------- 1. IQBAL, KARIVELITHUNDIYIL HOUSE, PULLEPPADY, PADMA, ERNAKULAM. 2. SUDHEER K.S., KAITHAKATTU HOUSE, EDAPPALLY P.O., KUNNATHAI, ERNAKULAM. BY ADV. MR.O.D.SIVADAS RESPONDENT(S): ---------------------------- THE REGIONAL TRANSPORT OFFICER, ERNAKULAM. BY GOVERNMENT PLEADER MR. K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.7032 of 2010 ------------------------------------------- Dated this the 11th day of March, 2010 JUDGMENT The first petitioner had purchased a goods vehicle and submitted an application for converting the same into a Generator Van. The first petitioner wanted to fix a generator set therein, for being used as part of Cinema Out door Units. The vehicle has subsequently been purchased by the second petitioner. The alteration of the vehicle was not permitted on the ground that the same was against the provisions of Section 52 of the Motor Vehicles Act. 2. I have disposed of other Writ Petitions where similar issues had arisen for determination as per my judgments in W.P.(c) No.2738/2010 and W.P.(C) No.3108/2010. As per the said judgments, I have found that alteration of a passenger vehicle by fitting a generator set does not amount to alteration of the basic feature of the vehicle since no alteration is made to the wpc No.7032/2010 2 chassis. The vehicle in the present case is a goods vehicle. Therefore, the dictum in the said case applies with stronger force in this case also because there is not even a conversion of the vehicle from a passenger vehicle to goods vehicle. Therefore, this Writ Petition is only to be allowed. 3. Accordingly, Ext.P1 order is set aside. The respondent shall grant permission for alteration of the goods vehicle bearing Reg.No.KL-7/F 6123 as a generator van as sought for by the petitioner within a period of three weeks from the date of receipt of a copy of this judgment. K.SURENDRA MOHAN, JUDGE css/