IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 WP(C).No. 16819 of 2009(V) -------------------------- PETITIONER(S): --------------- K.K.ANAZ, AGED 41 YEARS, S/O. MUHAMMED, CHATTAIL HOUSE, MUVATTUPUZHA. (PROPRIETOR, M/S. ANAZ AGENCIES). BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU RESPONDENT(S): --------------- THE REGIONAL TRANSPORT OFFICER, MUVATTUPUZHA. BY GOVT. PLEADER SRI.M.A.ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.16819/09 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE EXT.P2. COPY OF THE JUDGMENT DATED 16.1.07 IN WPC NO.29946/2006 OF THIS HONOURABLE COURT TRUE COPY PA TO JUDGE P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 16819 OF 2009 -------------------------- Dated this the 8th day of March, 2011 J U D G M E N T The petitioner is the owner of a goods vehicle bearing registration No.KL 17 F 5584. The said vehicle was registered on 8.4.2009 by the respondent herein. In the certificate of registration the vehicle was described as a light motor vehicle-goods carriage with an open body. Later, after the vehicle was registered, the petitioner converted the open body of the vehicle into a closed body. He thereafter moved the respondent to make necessary endorsement regarding the type of body in the certificate of registration. This writ petition was filed, when the respondent declined to act on the said application, for an order directing the respondent to inspect the vehicle and to enter the change effected by him in the certificate of registration and to make necessary changes in the description regarding the type of body in the certificate of registration. The issue raised by the petitioner is no longer res integra and is covered by a series of decisions of this Court including the decision of a learned single Judge of this Court in W.P.(C) No.29946 of 2006. In that decision, a learned single Judge of this Court after a survey of the relevant statutory provisions held that minor alterations like conversion of the body from open body to closed body cannot be described as a conversion affecting the basic feature of the vehicle and that alterations which affect the basic WPC No.16819/09 2 feature of the vehicle alone require permission of the registering authority. It has therefore to be held that the petitioner is entitled to have his vehicle converted from an open body to a closed body. I accordingly dispose of the writ petition with a direction that in the event of the petitioner submitting an appropriate application for effecting necessary changes as regards the type of body in Ext.P1 certificate of registration, the respondent shall grant the request on the petitioner producing the vehicle for inspection and paying the requisite fee. If the respondent is satisfied that apart from converting the body of the vehicle from open body to closed body, the petitioner has not effected any alteration which affects the basic feature of the vehicle, he shall make necessary endorsements in that regard on the certificate of registration within one week from the date on which the petitioner produces the vehicle along with a certified copy of this judgment before him. P.N.RAVINDRAN, (JUDGE) vps WPC No.16819/09 3 WPC No.16819/09 4