IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 WP(C).No. 26831 of 2008(T) -------------------------------------- PETITIONER: ------------------- MADHU, KARIMALI, CHERPU (P.O), CHERPU, THRISSUR, PIN - 680 561, KERALA. BY ADV. SRI.P.GOPINATH. RESPONDENT: --------------------- THE ADDITIONAL REGISTERING AUTHORITY, THRISSUR. BY GOVT. PLEADER M.R. SREELATHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/12/2008, ALONG WITH W.P.(C). NO. 26863/ 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.26831/2008-T: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE REGISTRATION CERTIFICATE OF MAHINDRA AND MAHINDRA PICKUP TRUCK VAN BEARING REGISTRATION NO. KL02/M-791. EXT.P.2: COPY OF THE ORDER OF THE RESPONDENT DTD. 29/08/2008. EXT.P.3: COPY OF THE JUDGMENT IN W.P.(C).NO.2637/03 DTD. 06/07/04. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. V. GIRI, J. ------------------------------- WP(C).NOs. 26831 & 26863 of 2008 --------------------------------- Dated this the 2nd day of December, 2008. JUDGMENT Common issues are involved in these writ petitions. Therefore, they have been heard together and are being disposed of by this common judgment. 2. I will refer to the facts in WPC.23831/2008 at the first instance. The petitioner is a registered owner of Mahindra and Mahindra Pickup Truck/van. The petitioner's vehicle is registered as light motor vehicle. The petitioner applied for change of class of vehicle as a towing vehicle by fitment of a small crane and allied equipments. An application in this regard was rejected by the respondent herein under Ext.P2 and the same has been challenged in this writ petition. Reference is made to Ext.P3 judgment wherein detailed guidelines are issued by this court with regard to an application under section 52 of the Motor Vehicles Act seeking permission for conversion of the vehicle. I am not inclined to consider the merits of the contentions raised by the petitioner, though I agree with the learned counsel for WPC.26831 & 26863 of /2008 2 the petitioner that the directions issued by this court in Ext.P3 judgment is applicable in terms of section 52 of the Motor Vehicles Act. If the petitioner moves an appeal under section 57 before the appellate authority within three weeks from today, the appeal shall be taken and considered by the appellate authority on merits and a decision shall be taken after hearing the petitioner in the light of Ext.P3 judgment within one month from the date of receipt of a copy of this judgment V. GIRI, JUDGE. Pmn/ WPC.26831 & 26863 of /2008 3