IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 23RD DECEMBER 2010 / 2ND POUSHA 1932 WP(C).No. 38271 of 2010(H) -------------------------- PETITIONER(S): --------------- R.RADHAKRISHNAN NAIR, KARTHIKA SRICHITHRA NAGAR, PANGODE, THIRUMALA, TRIVANDRUM. BY ADV. SRI.M.R.SARIN PANICKER RESPONDENT(S): --------------- THE REGIONAL TRANSPORT OFFICER, THIRUVANANTHAPURAM - 695 001. BY G.P.SRI.P.M.MANOJ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.38271 of 2010 ---------------------------- Dated 23rd December, 2010 JUDGMENT This writ petition has been filed on being aggrieved by Ext.P3 order rejecting the request of the petitioner for alteration of the petitioner's vehicle bearing registration No.KL-01-N-9470 as a Generator Van. Obviously, the request of the petitioner was rejected on the ground that alteration of the vehicle belonging to the petitioner as Generator Van would violate the provisions under section 52 of the Motor Vehicles Act, 1988 (for short `the Act'). The question whether alteration of a vehicle as Generator Van would violate the provisions under section 52 of the Act came up for consideration before this Court in a number of writ petitions. Considering all the aspects of the issue this Court found that alteration by mounting a generator in a vehicle and thus converting the vehicle as a Generator Van would not amount to alteration of the basic feature of the vehicle as there is no alteration made to the chassis. In short, it was held that in such circumstances the alteration cannot be said to be one which would violate the provisions under section 52 of the Act. In support of the contentions the petitioner relies on Ext.P5 judgment of this Court in W.P.(C)No.3108 of 2010. In view of the above circumstances, I am of the view that Ext.P3 cannot be sustained. WP(C).No.38271/2010 2 Therefore, Ext.P3 is set aside. Consequently, there will be a direction to the respondent to grant permission to the petitioner to mount a generator in the vehicle bearing registration No.KL-01-N-9470 within one month from the date of receipt of a copy of this judgment. It is made clear that in case of change in classification of the vehicle, it will be open to the respondent to take appropriate action in accordance with law. At the same time, it is made clear that mere mounting of a generator will not change the classification of the vehicle. The writ petition is disposed of accordingly. Sd/- C.T.RAVIKUMAR Judge TKS // True copy // P.S. to Judge