IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 1ST DECEMBER 2010 / 10TH AGRAHAYANA 1932 WP(C).No. 35902 of 2010(K) ----------------------------------------- PETITIONER(S): ---------------------- RANI V., K 13, POLICE QUARTER, PALAYAM, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM. BY ADV. SRI.M.R.SARIN RESPONDENT(S): --------------------------- THE REGIONAL TRANSPORT OFFICER, THIRUVANANTHAPURAM - 695 001. BY GOVERNMENT PLEADER SRI. P.M.MANOJ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.35902 of 2010 ---------------------------- Dated 1st December, 2010 JUDGMENT This writ petition has been filed mainly challenging Ext.P3 order whereby the request of the petitioner for permission to alter the vehicle as a Generator Van was dismissed by the respondent. Evidently, the request of the petitioner is to mount a generator in the vehicle. Alteration in the vehicle is subject to section 52 of the Motor Vehicles Act (for short `the Act'). Any alteration which would change the basic feature of the vehicle is impermissible in terms of section 52 of the Act. However, the question whether mounting of a generator in a motor vehicle would change the basic feature of the vehicle has been considered by this Court in a number of writ petitions. After considering the relevant provisions it was held that mounting a generator in a vehicle would not change the basic feature of the vehicle. Naturally, it will not violate the provisions under section 52 of the Act. So also mounting a generator will not change the classification of the vehicle. In the light of the said position obtained in this case Ext.P3 is liable to be set aside. Therefore, Ext.P3 is set aside. There will be a consequential direction to the respondent to grant permission to the petitioner to mount a generator in the vehicle bearing registration No.KL2B.8202 within one month from the WP(C).No.35902/2010 2 date of receipt of a copy of this judgment. It is made clear that if at a later point of time in case it is found that the classification of the vehicle in question is changed, it will be open to the respondent to take appropriate action in accordance with law. C.T.RAVIKUMAR Judge TKS