IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 17275 of 2010(H)
1. K.X.CHRISTO,
... Petitioner
2. RALSY K.,
Vs
1. THE JOINT REGIONAL TRANSPORT OFFICER,
... Respondent
For Petitioner :SRI.SAJEEV KUMAR K.GOPAL
For Respondent : No Appearance
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :04/06/2010
O R D E R
K.SURENDRA MOHAN, J.
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W.P.(C) No.17275 of 2010
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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
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