IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 35902 of 2010(K)
1. RANI V.,
... Petitioner
Vs
1. THE REGIONAL TRANSPORT OFFICER,
... Respondent
For Petitioner :SRI.M.R.SARIN
For Respondent : No Appearance
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :01/12/2010
O R D E R
C.T.RAVIKUMAR, J.
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W.P.(C)No.35902 of 2010
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Dated 1st December, 2010
JUDGMENT
This writ petition has been filed mainly challenging Ext.P3
order whereby the request of the petitioner for permission to alter the
vehicle as a Generator Van was dismissed by the respondent. Evidently,
the request of the petitioner is to mount a generator in the vehicle.
Alteration in the vehicle is subject to section 52 of the Motor Vehicles Act
(for short `the Act’). Any alteration which would change the basic feature
of the vehicle is impermissible in terms of section 52 of the Act.
However, the question whether mounting of a generator in a motor
vehicle would change the basic feature of the vehicle has been considered
by this Court in a number of writ petitions. After considering the relevant
provisions it was held that mounting a generator in a vehicle would not
change the basic feature of the vehicle. Naturally, it will not violate the
provisions under section 52 of the Act. So also mounting a generator will
not change the classification of the vehicle. In the light of the said
position obtained in this case Ext.P3 is liable to be set aside. Therefore,
Ext.P3 is set aside. There will be a consequential direction to the
respondent to grant permission to the petitioner to mount a generator in
the vehicle bearing registration No.KL2B.8202 within one month from the
WP(C).No.35902/2010 2
date of receipt of a copy of this judgment. It is made clear that if at a
later point of time in case it is found that the classification of the vehicle
in question is changed, it will be open to the respondent to take
appropriate action in accordance with law.
C.T.RAVIKUMAR
Judge
TKS