IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 17TH MARCH 2010 / 26TH PHALGUNA 1931 WP(C).No. 8882 of 2010(I) ------------------------------------ PETITIONER: ------------------- BIJU MATHEW, S/O.MATHUKUTTY, VAZHAKALAYIL HOUSE,POOTHRIKKA, KOLENCHERRY. BY ADVS. MR.SAJEEV KUMAR K.GOPAL, SMT.AMBIKA RADHAKRISHNAN. RESPONDENT: ---------------------- THE JOINT REGIONAL TRANSPORT OFFICER, PERUMBAVOOR. BY SR. GOVT. PLEADER MR. K.C. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.8882 of 2010 ------------------------------------------- Dated this the 17th day of March, 2010 JUDGMENT The petitioner is the registered owner of goods carriage vehicles bearing Reg.Nos.KL-7/A 7447, KL-4/E 8910 and KL-8/A 9855. He has submitted applications for permission to alter the vehicles as Generator mounted vehicles as per Exts.P4, P5 and P6. However, the permission sought for has not been granted by the respondent. According to the respondent, the alteration proposed is violative of Section 52 of the Motor Vehicles Act, 1988 (the 'Act' for short). Since no final orders have been passed on Exts.P4, P5 and P6 till date, the petitioner seeks directions to consider his applications and to pass appropriate orders thereon. 2. The petitioner relies on Exts.P7 and P8 judgments by which this Court has held that fitting of goods carriage vehicles with generator sets do not amount to alteration of the basic feature of the vehicles under Section 52 of the Motor Vehicles Act. Therefore, the petitioner claims a similar relief as in Exts.P7 and P8. wpc No.8882/2010 2 3. I have heard the learned Senior Government Pleader who appears for the respondent also. 4. In view of the fact that the petitioner is claiming a similar relief as in the judgments of this Court evidenced by Exts.P7 and P8, I do not see any ground to negative the claim of the petitioner. The petitioner's vehicles are goods carriage vehicles and therefore, there is no change in the classification also. In the above circumstances, this Writ Petition is disposed of directing the respondent to grant permission for alteration of the vehicles bearing Reg.Nos. KL-7/A 7447, KL-4/E 8910 and KL-8/A 9855 as Generator Vans, as sought for in the applications submitted by the petitioner evidenced herein by Exts.P4, P5 and P6 within a period of one month from the date of receipt of a copy of this judgment. K.SURENDRA MOHAN, JUDGE css/