High Court Kerala High Court

Bijoy Yohannan vs The Joint Regional Transport … on 1 December, 2007

Kerala High Court
Bijoy Yohannan vs The Joint Regional Transport … on 1 December, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 32551 of 2007(A)


1. BIJOY YOHANNAN,
                      ...  Petitioner

                        Vs



1. THE JOINT REGIONAL TRANSPORT OFFICER,
                       ...       Respondent

                For Petitioner  :SRI.K.V.GOPINATHAN NAIR

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :01/12/2007

 O R D E R
                      ANTONY DOMINIC, J.
               ------------------------------------------
                  W.P.(C)NO.32551 OF 2007 - A
               ------------------------------------------
          Dated this the 1st day of December, 2007.

                             JUDGMENT

Exts.P4 and P5 applications made by the petitioner for altering

body of his vehicle into a closed one has been returned by the

respondent by Exts.P6 and P7, on the basis that it offends Section

52 of the Motor Vehicles Act. This Court in several other cases has

taken the view that unless there is structural change or basic

structure of a vehicle is altered, permission of the authority is not

necessary. In this case, what the petitioner wants to do is to cover

an open body into a closed one. In my view, by this process

Section 52 of the Act is not violated.

Therefore, Quashing Exts.P6 and P7, I direct the respondent

to deal with Exts.P4 and P5. This shall be done as early as

possible, at any rate, within two months from the date of production

of a copy of this judgment. The petitioner shall produce a copy of

this judgment before the respondent for compliance.

ANTONY DOMINIC, JUDGE.

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