IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 W.P(C).No. 21272 of 2008(G) ---------------------------------- PETITIONER: -------------- SREE NARAYANA METALLURGICAL INDUSTRIES, SHORNUR, REPRESENTED BY ITS MANAGING DIRECTOR, DR. P.M. MOOTHEDATH, SREE NARAYANA NIVAS, POST OFFICE ROAD, MANJAKKADU, SHORNUR. BY ADV. SRI.M.A.MANHU SRI.M.A.FAYAZ RESPONDENT: --------------- THE ADDITIONAL REGISTERING AUTHORITY, PALAKKAD. BY GOVT. PLEADER, SMT. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 21272 OF 2008 G ==================== Dated this the 15th day of July, 2008 J U D G M E N T Ext.P5 is the order under challenge. 2. By Ext.P5, an application made by the petitioner for alteration of the vehicle bearing Regn.No.KL 51/7919 from an open body one to a closed one has been rejected. The reason for rejection is that such alteration is impermissible in terms of Section 52 of the Motor Vehicles Act, 1988. 3. An issue identical to this has been considered by a learned Judge of this Court in WP(C) No.29946/06, a copy of which is Ext.P6. After adverting to the relevant provisions of the Act and the rules, the learned Judge has taken the view that by the alteration, unless there is a change in the basic feature of the vehicle, Section 52 of the Act is not attracted to the alteration sought for. 4. In my view, the law laid down in the aforesaid judgment apply to the facts of this case as the alteration sought does not affect the basic WPC 21272/08 :2 : feature of the vehicle in question. In view of this, the writ petition is disposed of quashing Ext.P5 and directing that the respondent shall reconsider the matter in the light of Ext.P6 judgment of this court, a copy of which will be produced by the petitioner, orders as above shall be passed, as expeditiously as possible, at any rate within 4 weeks of production of a copy of this judgment. ANTONY DOMINIC, JUDGE Rp