IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 WP(C).No. 33553 of 2009(L) -------------------------- PETITIONER(S): --------------- RATHI VENU, PROPRIETOR, KANDARUMADATHIL GAS AGENCIES, OLLUR P.O., THRISSUR. BY ADV. SRI.ANIL SIVARAMAN SMT.APARNA RAJAN RESPONDENT(S): --------------- THE REGIONAL TRANSPORT OFFICER, THRISSUR. SR.GOVT. PLEADER K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.33553 of 2009 ================== Dated this the 30th day of November, 2009 J U D G M E N T The petitioner was awarded a contract to transport LPG gas cylinders by the Hindustan Petroleum Corporation Ltd. To execute the contract the petitioner purchased three new vehicles and produced them for registration under the Motor Vehicles Act, before the respondent. The respondent refused to register the same on the ground that the vehicles are not fitted with ABS brake system, which is a statutory requirement. According to the petitioner, since the requirement was not mandatory until 2006, the manufacture of these vehicles was not fitting the vehicles with the ABS brake system and therefore, the petitioner should be given some time to fit the vehicles with ABS brake system. The petitioner seeks a direction to the respondent to register the vehicles subject to fitting the vehicles with ABS brake system also within the time to be stipulated therefor. 2. I have heard the learned Government Pleader also, who opposes the prayers. 3. I find that a learned Single Judge of this Court has considered the very same issue and, by Ext.P6 judgment in W.P.(C). No. 12895/2009 directed the RTO concerned to register similar vehicles granting time for fitting the ABS brake system in the vehicles. W.P.C.33553/09 2 4. After hearing both sides, I dispose of this writ petition with a direction to respondent to register the vehicles of the petitioner immediately with a condition that within one month's time the vehicles shall be fitted with ABC brake system and produced before the respondent for inspection to confirm having complied with the same. If the petitioner fails to produce the vehicles for inspection after fitting ABC break system as directed above, the respondent would be free to seize the vehicles after one month and cancel the registration. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge