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. 14339 of 2008(F) -------------------------- PETITIONER: -------------- M.A.HABEEB, S/O.M.K.A.HAMEED, NEW SHERRYLAND, POORNA NAGAR, SANTHOSH LANE, ALUVA-683 101. BY ADV. SRI.V.V.ASOKAN SMT.S.AMINA RESPONDENT: ---------------- THE JOINT REGIONAL TRASPORT OFFICER, ALUVA-683 101. BY GOVT.PLEADER SRI.K.C.SANTHOSHKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/07/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.14339/08 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT IN RESPECT OF THE VEHICLE KL 07 AR 4827 TATA 207-D1 PICKUP. EXT.P1(a): TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT IN RESPECT of the VEHICLE KL 07 BB 8127- TATA ACE GOODS CARRIER. EXT.P1(b): TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT IN RESPECT OF THE VEHICLE- KL 07 BB 8027- TATA ACE GOODS CARRIER. EXT.P2: TRUE COPY OF THE JUDGMENT IN WPC NO.29946 OF 2006 OF THIS HON'BLE COURT. EXT.P3: TRUE COPY OF THE JUDGMENT IN WPC NO.24834/07 OF THIS HON'BLE COURT. EXT.P4: TRUE COPY OF THE PROCEEDINGS OF THE RESPONDENT. EXT.P4(a): TRUE COPY OF THE PROCEEDINGS OF THE RESPONDENT. EXT.P4(b): TRUE COPY OF THE PROCEEDINGS OF THE RESPONDENT. EXT.P5: TRUE COPY OF THE RELEVANT PAGES OF THE RC BOOK OF KL 07 AR 4827. EXT.P5(a): TRUE COPY OF THE RELEVANT PAGES OF THE RC BOOK OF KL 07 BB 8127. EXT.P5(b): TRUE COPY OF THE RELEVANT PAGES OF THE RC BOOK KL 07 BB 8027. EXT.P6: PHOTOGRAPHS SHOWING THE VEHICLE WITHOUT BODY COVERING AND ONE WITH BODY COVERING. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. =============== W.P.(C) NO. 14339 OF 2008 F ==================== Dated this the 16th day of July, 2008 J U D G M E N T Exts. P4, P4(a) and P4(b) orders are under challenge. 2. Petitioner is the registered owner of the three vehicles bearing Regn.Nos. KL7 AR 4827, KL7 BB 8127 and KL7 BB 8027. These vehicles were originally having open bodies. Petitioner altered the same and converted these vehicles with covered bodies. Thereupon, he filed Exts. P1, P1(a) and P1(b) applications before the 1st respondent for sanctioning alteration of the types of the vehicle referred to above. These applications were rejected by Exts. P4, P4(a) and P4(b) on the ground that the alteration made is in violation of Section 52 of the Motor Vehicles Act, 1988. 3. Learned counsel for the petitioner refers to Exts. P2 and P3 judgments rendered by this court, where it has been held that unless by the alteration made, structural change is effected to the vehicle in question, Section 52 has no application. In my view, considering the nature of the alteration that is made, which is also evident from Ext.P6 photograph produced by the petitioner, petitioner is entitled to the benefit WPC 14339/08 :2 : of Exts. P2 and P3 judgments rendered by this court. Therefore, quashing Exts. P4, P4(a) and P4(b), this writ petition is disposed of directing that the respondent shall reconsider Exts. P1, P1(a) and P1(b) applications made by the petitioner in the light of the principles laid down by this court in Ext.P2 judgment in WP(C) No.29946/06, a copy of which will be produced by the petitioner along with a copy of this judgment. ANTONY DOMINIC, JUDGE Rp