IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 18TH MARCH 2011 / 27TH PHALGUNA 1932 WP(C).No. 4630 of 2011(C) ------------------------- PETITIONER(S): --------------- BASHEER, 44/1651A,CHACKALAPARAMBU HOUSE, KOCHI, ERNAKULAM. BY ADV. SRI.SAJEEV KUMAR K.GOPAL SMT.AMBIKA RADHAKRISHNAN RESPONDENT(S): --------------- THE JOINT REGIONAL TRANSPORT OFFICER, ERNAKULAM, PIN 682 030. BY GOVT. PLEADER SRI.P.M.MANOJ. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) NO.4630 OF 2011 EXT.P1 TRUE COPY OF THE RELEVANT PAGES OF THE REGISTRATION CERTIFICATE OF GOODS CARRIAGE VEHICLE BEARING REGN. NO.KBR-1046. EXT.P2 TRUE COPY OF THE APPLICATION DATED 13.1.2011 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT BEARING REGN. NO.KER 1046. EXT.P3 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) NO.8531 OF 2007 DATED 3.4.2007. EXT.P4 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) NO.8881 OF 2010 DATED 17.3.2010. //TRUE COPY// P.A. TO JUDGE. P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.4630 of 2011 ------------------------------- Dated this the 18th day of March, 2011 J U D G M E N T The petitioner is the owner of a goods vehicle bearing registration No.KBR – 1046 described in Ext.P1 certificate of registration. The petitioner is presently using the said goods vehicle to carry a generator which is fixed on the platform of the vehicle. He applied to the respondent to classify the said vehicle as a non transport vehicle and to endorse the alteration as a Generator mounted vehicle by submitting the original of Ext.P2 application dated 13.1.2011. The grievance voiced by the petitioner is that till date the respondent has not passed orders on Ext.P2 application. Relying on Exts.P3 and P4 judgments of this Court, it is contended that in similar circumstances, this Court had directed such conversion to be granted. In this writ petition, the petitioner seeks a direction to the respondent to consider the request made by him in Ext.P2 and grant the same in the light of Exts.P3 and P4 judgments of this Court. 2. The petitioner has in Ext.P2 made two prayers, the first one is to make necessary endorsements in the original of the certificate of registration by describing the vehicle as a generator mounted vehicle and the second prayer is to classify it as a non transport vehicle. In similar circumstances, I have already held that W.P.(C) No.4630 of 2011 2 goods carriage vehicles fitted with generator sets cannot be described as non transport vehicles. The second prayer in Ext.P2 cannot therefore be granted. As regards the first prayer, viz., to endorse the alteration of the vehicle, this Court has in a series of writ petitions granted the said relief. I, therefore, find no reason why the first relief should not be granted. I accordingly dispose of the writ petition with a direction to the respondent to consider the first prayer in Ext.P2 petition in the light of Exts.P3 and P4 judgments of this Court and pass appropriate orders thereon expeditiously and in any event within two weeks from the date on which the petitioner produces a copy of this judgment before the respondent. P.N. RAVINDRAN, JUDGE. nj.