IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 23RD DECEMBER 2010 / 2ND POUSHA 1932 WP(C).No. 38558 of 2010(T) --------------------------------------- PETITIONER(S): ----------------------- 1. ANTONY, VENATTU HOUSE, VADUTHALA P.O.,KOCHI-19 2. VINOD, VENATTU HOUSE, PADAM ROAD, VADUTHALA P.O KOCHI-19 BY ADVS. SRI.SAJEEV KUMAR K.GOPAL SMT.AMBIKA RADHAKRISHNAN RESPONDENT(S): --------------- THE JOINT REGIONAL TRANSPORT OFFICER, ERNAKULAM, PIN-682030 BY GOVERNMENT PLEADER SRI. A. ASIF THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.38558 of 2010 ---------------------------- Dated 23rd December, 2010 JUDGMENT This writ petition has been filed on being aggrieved by the inaction on the part of the respondent in considering Exts.P4 to P7 requests made by the petitioners for alteration of their vehicles bearing registration Nos. KL-09/J-8715, KL-07/Y-2244, KL-07/L-1215 and KL- 07/P-9680 as Generator Vans. Obviously, the requests of the petitioners were not considered on the ground that alteration of the vehicles belonging to the petitioners as Generator Vans would violate the provisions under section 52 of the Motor Vehicles Act, 1988 (for short `the Act'). The question whether alteration of a vehicle as Generator Van would violate the provisions under section 52 of the Act came up for consideration before this Court in a number of writ petitions. Considering all the aspects of the issue this Court found that alteration by mounting a generator in a vehicle and thus converting the vehicle as a Generator Van would not amount to alteration of the basic feature of the vehicle as there is no alteration made to the chassis. In short, it was held that in such circumstances the alteration cannot be said to be one which would violate the provisions under section 52 of the Act. In support of the contentions the petitioners rely on Ext.P9 judgment of this WP(C).No.38558/2010 2 Court in W.P.(C)No.8881 of 2010. In view of the above circumstances, there will be a direction to the respondent to consider Exts.P4 to P7 requests made by the petitioners and grant permission to them to mount generator in the vehicles bearing registration Nos.KL-09/J-8715, KL- 07/Y-2244, KL-07/L-1215 and KL-07/P-9680 within one month from the date of receipt of a copy of this judgment. It is made clear that in case of change in classification of the vehicles, it will be open to the respondent to take appropriate action in accordance with law. At the same time, it is made clear that mere mounting of a generator will not change the classification of the vehicles. The writ petition is disposed of accordingly. Sd/- C.T.RAVIKUMAR Judge TKS // True copy // P.S. to Judge