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.
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W.P.(C) NO.11293 OF 2008 (T)
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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