IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 WP(C).No. 21439 of 2008(B) -------------------------- PETITIONER: ------------ M.T. SAHADEVAN, S/O.M.T. MUKUNDAN, SUNIL NIVAS, P.O.KIZHUNNA, KANNUR-7 BY ADV. SRI.M.A.MANHU SRI.M.A.FAYAZ RESPONDENTS: ------------- THE ADDITIONAL REGISTERING AUTHORITY, OFFICE OF THE REGIONAL TRANSPORT OFFICER, KANNUR. BY GOVT. PLEADER SMT. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ----------------------------------------------------------------- W.P.(C).NO.21439/2008 ----------------------------------------------------------------- Dated this the 16th day of July, 2008 JUDGMENT Petitioner submits that, he had purchased a vehicle bearing registration No. KA-01-B 7449 from a financier. It is stated that he sought its registration and that the application made by him has been rejected by Ext.P4 order of the respondent. The reason stated appears to be that, the rear portion of the Chasis has been cut and a dicky has been constructed to keep luggage with metal brackets. This has been interpreted as a structural alteration offending Section 52 of the Motor Vehicles Act and on that basis his application has been rejected. 2. From the photographs produced by the petitioner as Ext.P5, it is obvious that the alteration he has made is not one having the effect of any structural alteration of the vehicle. It has been held by this court in Ext.P6 judgment WP(c).No.21439/2008 2 that unless there is structural alterations, Section 52 is not attracted. In view of the matter, the reasoning of the respondent in Ext.P4 cannot be sustained. In view of the above reason I quash Ext.P4 and dispose of this writ petition directing that the application shall be reconsidered and registration sought for by the petitioner shall be granted on the production of a copy of the judgment. ANTONY DOMINIC JUDGE vi. WP(c).No.21439/2008 3