IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 WP(C).No. 24667 of 2009(C) ------------------------------------------ PETITIONER(S): ------------------------- M.K. SASIDHARAN, MALAYIL THEKKETHIL, PULIYOOR P.O., CHENGANNUR, ALAPPUZHA DISTRICT. BY ADV. MR.O.D.SIVADAS RESPONDENT(S): ----------------------------- 1. THE JOINT REGIONAL TRANSPORT OFFICER, CHENGANNUR, 2. THE MOTOR VEHICLE INSPECTOR, OFFICE OF THE JOINT RTO, CHENGANNUR. R1 & R2 BY GOVERNMENT PLEADER MR. P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/08/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V.GIRI,J. ------------------------- W.P ( C) No.24667 of 2009 -------------------------- Dated this the 27th August,2009 J U D G M E N T Petitioner purchased one Ashok Leyland 4/100 4470 MM WB passenger Chassis bearing Engine No.KXH 574465, as evidenced by Ext.P1. After body building he produced the same before the Joint RTO for registration. Second respondent conducted an inspection and refused to register the vehicle for the reason that the overall length is found to be 8571 mm and this is inconsistent with the approval certificate issued by the Automotive Research Association of India, Pune. The correctness of the said stand has been questioned in the writ petition. A similar issue has been considered by this Court in WPC No.22237/08. Issue is covered in favour of the petitioner as per Ext.P4 judgment. In the result, the decision taken by the 1st respondent, as evidenced by Ext.P3, shall stand set aside and he shall take a fresh decision in the matter under Sec.52 of the Motor Vehicles Act in the light of Ext.P4 judgment within W.P ( C) No.24667 of 2009 2 three weeks from the date of receipt of a copy of this judgment. To enable the 1st respondent to do so, he shall re-present the application and it shall be taken back on file and dealt with in the manner mentioned above. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No.24667 of 2009 3 W.P ( C) No.24667 of 2009 4