IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 4TH JUNE 2010 / 14TH JYAISTHA 1932 WP(C).No. 17275 of 2010(H) ----------------------------------------- PETITIONER(S): ------------------------ 1. K.X.CHRISTO, H.NO.14/1080, KOOTTUNGAL HOUSE, KOCHI - 5. 2. RALSY K., H.NO.14/1080, KOOTTUNGAL HOUSE, NAZARETH, KOCHI - 5. BY ADVS. SRI.SAJEEV KUMAR K.GOPAL, SMT.AMBIKA RADHAKRISHNAN RESPONDENT(S): --------------------------- THE JOINT REGIONAL TRANSPORT OFFICER, MATTANCHERRY. BY SR. GOVERNMENT PLEADER SRI. K.C. SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.17275 of 2010 ------------------------------------------- Dated this the 4th of June, 2010 JUDGMENT The petitioners are owners of goods carriage vehicles bearing Reg.No.KL-05/L-6597 and KL-03/H-7067. They have submitted Exts.P3 and P4 requests for conversion of their vehicles into generator mounted ones. According to the petitioners, the respondent has informed them that their applications would be returned for the reason that there are no provisions for allowing such applications and that their requests were in contravention of Section 52 of the Motor Vehicles Act, 1988. The counsel for the petitioner places reliance on Exts.P5 and P6 judgments of this Court, wherein it has been held that the alteration of a goods carriage vehicle to a generator mounted one does not violate the provisions of Section 52 of the Act. In view of Exts.P5 and P6, the stand adopted by the respondent is found to be unjustified. 2. In the above circumstances, this Writ Petition is disposed of directing the respondent to consider the wpc No.17275/2010 2 applications submitted by the petitioners evidenced herein by Exts.P3 and P4 in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of one month from the date of receipt of a copy of this judgment, provided the said applications have been received and are pending. K.SURENDRA MOHAN, JUDGE css/