IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 20TH JANUARY 2010 / 30TH POUSHA 1931 WP(C).No. 1547 of 2010(P) -------------------------------------- PETITIONER(S): ----------------------- ROY ANTONY,S/O.LATE VARGHESE, AGED 33 YEARS,THOPPIL HOUSE, THATHAMPALLY.PO, ALAPPUZHA. BY ADV. MR.B.PRAMOD, MR.K.P.ARUN KUMAR MENON. RESPONDENT(S): ------------------------- THE REGIONAL TRANSPORT OFFICER, (REGISTERING AUTHORITY), ALAPPUZHA. BY SR.GOVERNMENT PLEADER MR.K.C. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN, J. ---------------------------------------- W.P.(C) No. 1547 of 2010 - P ---------------------------------------- Dated 20th January, 2010 Judgment The petitioner is the registered owner of a tanker lorry bearing registration No.KL/4X-1100. It is stated that the said vehicle is used to transport petroleum products under an agreement entered into with the Indian Oil Corporation. The said vehicle was purchased on 18.10.2007 and registered on 24.12.2007 by the Additional Registering Authority, Alappuzha. The certificate of fitness granted in respect of the said vehicle expired on 22.12.2009. When the petitioner moved the respondent for renewal of the fitness certificate, the respondent insisted that the vehicle should be fitted with Anti- lock Braking System (ABS) as required under rule 96(9) of the Central Motor Vehicles Rules, 1989. The petitioner contends that manufacturers of heavy goods vehicles do not equip heavy goods vehicles with Anti-lock Braking System (ABS) and therefore, that was the reason why the petitioner purchased a truck without an Anti-lock Braking System (ABS). He submits W.P.(C) No.1547/2010 2 that he is however willing to have his vehicle fitted with an Anti-lock Braking System (ABS) and that as Anti-lock Braking System (ABS) is scarce in the market, he may be granted a reasonable time to have his vehicle fitted with an Anti-lock Braking System (ABS). In this writ petition, the petitioner seeks a direction to the respondents to renew the certificate of fitness issued to the vehicle described in Ext.P1 certificate of registration without insisting that the vehicle being fitted an Anti-lock Braking System (ABS), but subject to the condition that an Anti-lock Braking System (ABS) shall be fitted within a time limit to be fixed by this Court. 2. It is brought to my notice that a learned single Judge of this Court has following the earlier decisions of this Court disposed of W.P.(C) No.35820 of 2009 with a direction to the Regional Transport Authority to register a heavy goods vehicle which was not fitted with Anti-lock Braking System (ABS) subject to the condition that the owner of the vehicle shall within one month from the date of registration fit the vehicle with an Anti-lock Braking System (ABS) and produce it for inspection. This Court also directed that it will be open to the W.P.(C) No.1547/2010 3 registering authority to endorse that condition in the registration certificate and that if the owner does not produce the vehicle for inspection after fitting it with Anti-lock Braking System (ABS), it will be open to the registering authority to seize the vehicle and cancel the registration. In my opinion, the same procedure can be adopted in the matter of renewal of fitness certificate also. In such circumstances, I dispose of this writ petition with a direction to the respondent to renew the certificate of fitness issued in respect of the vehicle described in Ext.P1 certificate of registration subject to the condition that the petitioner shall produce the vehicle for inspection after having it fitted with an Anti-lock Braking System (ABS) within two months from today. It will be open to the respondent to incorporate such a stipulation in the order renewing the certificate of fitness. The certificate of fitness shall be renewed if the petitioner's vehicle is otherwise in order within one week from the date of production of a certified copy of this judgment before the respondent. It is clarified that if the petitioner does not produce his vehicle for inspection within two months from today after W.P.(C) No.1547/2010 4 having it fitted with an Anti-lock Braking System (ABS), it will be open to the respondent to seize the vehicle/cancel the certificate of fitness/registration. P.N.RAVINDRAN Judge vaa