Kerala High Court
Bijoy Yohannan vs The Joint Regional Transport Officer on 1 December, 2007
Author: Antony Dominic
Bench: Antony Dominic
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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