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.
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W.P.(C)NO.32551 OF 2007 - A
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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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