IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 1ST FEBRUARY 2010 / 12TH MAGHA 1931 WP(C).No. 3108 of 2010(K) ------------------------- PETITIONERS: --------------- 1. IQBAL, KARIVAELITHUNDIYIL HOUSE PULLEPADY, KOCHI -36 2. BIJU K, KAMMATTIN HOUSE DESHABHIMANI ROAD, KALOOR KOCHI-17. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): --------------- 1. THE REGIONAL TRANSPORT OFFICER ERNAKULAM. 2. THE DEPUTY TRANSPORT COMMISSIONER CENTRAL ZOONE-11, ERNAKULAM. BY GOVT. PLEADER SRI. SANTHOSH KUMAR K.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.SURENDRA MOHAN, J. ------------------------- W.P (C) No.3108 of 2010 -------------------------- Dated this the 1st February, 2010 J U D G M E N T Petitioners are the owners of goods vehicles with respect to which they had submitted applications for permission to alter the vehicles by fitting generator sets. They want to convert the vehicles into Generator Vans to be used by Cinema Out door Shooting Units. According to the petitioners, the alteration contemplated would not come within the prohibition contained in Section 52 (1) of the Motor Vehicles Act, 1988. However, in spite of the above, their applications have been rejected by Exts.P1 to P3 proceedings of the 1st respondent. Though appeals were filed before the 2nd respondent against the rejection of their applications, their appeals have also been dismissed as per Exts.P4 and P5. In Ext.P7 what has been stated is that fitting of generator sets on goods carriage vehicles can be permitted if there is no structural alteration. 2. I have disposed of another Writ Petition No.2738/2010, today, wherein, I have found that the W.P (C) No.3108 of 2010 2 alteration by fitting a generator set on a passenger vehicle does not amount to alteration of the basic feature of the vehicle since no alteration is made to the chassis. 3. In the present case, the vehicles are all goods carriage vehicles and only a covering is sought to be made in respect of two vehicles since the third vehicle already has a covering. 4. For the reasons stated in my judgment in W.P (C) No.2738/2010, this writ petition also can be allowed. 5. Accordingly, Exts.P1 to P5 are set aside. First respondent shall grant permission for alteration of the vehicles bearing Reg. Nos.KL-7/9949, KL04/C 9378 and KL 07/J 8682 as Generator Vans as sought for by the petitioners within a period of three weeks from the date of receipt of a copy of this judgment. The writ petition is allowed as above. K.SURENDRA MOHAN,JUDGE ma W.P (C) No.3108 of 2010 3 W.P (C) No.3108 of 2010 4