High Court Kerala High Court

Joseph Rodrigues @ Juno Rodrigues vs State Of Kerala on 28 January, 2009

Kerala High Court
Joseph Rodrigues @ Juno Rodrigues vs State Of Kerala on 28 January, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 11293 of 2008(T)


1. JOSEPH RODRIGUES @ JUNO RODRIGUES,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. THE TRANSPORT COMMISSIONER,

3. THE REGIONAL TRANSPORT OFFICER,ERNAKULAM

                For Petitioner  :SRI.S.NIRMAL KUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :28/01/2009

 O R D E R
                     ANTONY DOMINIC, J.
                       --------------------------------
               W.P.(C) NO.11293 OF 2008 (T)
            ------------------------------------------------------
          Dated this the 28th day of January, 2009

                         J U D G M E N T

Petitioner is an invalid person. He wants to alter

his car bearing registration No.KL-7Q-1674 into an invalid

carriage. He submitted Exhibit P5 application for

sanctioning the alteration. That was rejected by Exhibit P6

order passed by the third respondent.

2. A reading of Exhibit P6 shows that the reason for

rejecting the alteration is that it requires requires change

of break, Gear and clutch system installed by the

manufacturer of the vehicle. In my view, in several cases of

this nature, writ petitions have been allowed by permitting

such alteration, taking the view that for such alteration

Section 52 of the Motor Vehicles Act, 1988 is not offended.

W.P.(C) No.11293 of 2008

– 2 –

3. Therefore, Exhibit P6 is quashed. The third

respondent is directed to consider Exhibit P5 application

and pass appropriate orders. This shall be done as

expeditiously as possible, at any rate, within a period of four

weeks on production of a copy of this judgment.

The writ petition is disposed of as above.

ANTONY DOMINIC, JUDGE

skr