IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 3RD JULY 2008 / 12TH ASHADHA 1930 WP(C).No. 10779 of 2008(G) ------------------------------------- PETITIONER: ----------------- RAMLATH ABOOBACKER, W/O. ABOOBACKER, KUTTIKKATTU HOUSE, MANIMALA ROAD, ELAMAKKARA P.O., KOCHI-26. BY ADV. SRI.P.K.ABOOBACKER(EDAPPALLY) RESPONDENTS: ---------------------- 1. THE JOINT REGIONAL TRANSPORT OFFICER, ERNAKULAM. 2. THE ADDL.REGISTERING AUTHORITY, THE REGIONAL TRANSPORT OFFICE, ERNAKULAM. BY GOVERNMENT PLEADER SRI.K.C.SANTHOSHKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).10779/2008-G APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RC BOOK OF THE VEHICLE OF THE PETITIONER. EXT.P2: COPY OF THE APPLICATION DATED 06/03/2008 FILED BY THE PETITIONER BEFORE 1ST RESPONDENT EXT.P3: COPY OF THE ORDER DATED 25/03/2008 REJECTING THE REQUEST OF THE PETITIONER BY THE 1ST RESPONDENT OF EXT.P4: COPY OF THE JUDGMENT DATED 16/08/07 IN W.P.(C).24834 OF 2007. RESPONDENT'S EXHIBITS: NIL // TRUE COPY // Rs/ ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 10779 OF 2008 G = = = = = = = = = = = = = = = = = Dated this the 3rd July 2008 J U D G M E N T Ext. P3 is under challenge. By this order Ext. P2 application made by the petitioner for conversion of his open body vehicle into a covered one, has been rejected. The reason stated is that such conversion offends the provisions of Section 52 of the Motor Vehicles Act, 1988. Having considered the matter, I cannot accept the view taken in Ext. P3. By the change that is proposed to be made by the petitioner, there is no fundamental alteration to the vehicle in question. If that be so, Section 52 now relied on cannot be pressed into service. For that reason Ext. P3 will stand quashed and the 1st respondent shall reconsider Ext. P2 application and pass orders thereon. This shall be done as expeditiously as possible, at any rate within 6 weeks of production of a copy of this judgment. 2. Writ petition is disposed of as above. Petitioner shall produce a copy of this judgment before the 1st respondent for compliance. ANTONY DOMINIC JUDGE jan/-