IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 WP(C).No. 6710 of 2010(K) ------------------------------------- PETITIONER(S): ----------------------- IQUBAL, PARTNER , M/S. UDAYA SOUND , CHITOOR ROAD, ERNAKULAM. BY ADV. MR.O.D.SIVADAS RESPONDENT(S): -------------------------- THE REGIONAL TRANSPORT OFFICER ERNAKULAM. BY SR.GOVERNMENT PLEADER MR.K.C. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.6710 of 2010 ------------------------------------------- Dated this the 11th day of March, 2010 JUDGMENT The petitioner, the owner of a vehicle bearing Reg.No.KL-2/A 21 which is a 1991 model bus seeks permission to convert the same into a generator van. Since the vehicle has crossed 15 years, it has become unfit for being used as a stage carriage. Therefore, the petitioner purchased the same for fitting a generator. He also submitted a request for altering the vehicle into a Cinema Outdoor Unit by fitting a generator and other equipments. However, the same was rejected by the respondent on the ground that the alteration was against the provisions of Section 52 of the Motor Vehicles Act, 1988 (The Act for short). As per judgment dated 1.2.2010 in W.P.(c) No.2738/2010, I have already held that alteration of a passenger vehicle by fixing a generator set for use as a cinema outdoor unit is a permissible alteration under Section 52 of the Act. The dictum in the said judgment is applicable to the present case also. wpc No.6710/2010 2 2. In the above circumstances, this Writ Petition is allowed. Ext.P3 is quashed. The respondent is directed to pass fresh orders granting permission for alteration of the petitioner's vehicle bearing Reg.No.KL-2/A 21 into a generator van. Orders in this regard shall be issued as expeditiously as possible and at any rate within a period of three weeks from the date of receipt of a copy of this judgment. K.SURENDRA MOHAN, JUDGE css/