Allowed

Iqubal v. the Regional Transport Officer

Kerala HC11 Mar 2010WP(C)/6710/2010

Case brief

AI extract

What is this about?

A writ petition filed by a bus owner seeking permission to convert his 19-year-old vehicle into a generator van. The High Court allowed the petition, quashing the prior rejection and directing the Transport Officer to grant permission within three weeks.

What did the court decide?

Petitioner's widget petition allowed; Ext.P3 quashed; Respondent directed to pass fresh orders granting permission for converting vehicle known as Reg.No.KL-2/A 21 into a generator van within three we

Iqubal Vs the Regional Transport Officer — Motor Accident Claims | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931

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WP(C).No. 6710 of 2010(K)

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PETITIONER(S):

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IQUBAL, PARTNER , M/S. UDAYA SOUND , CHITOOR ROAD, ERNAKULAM.

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BY ADV. MR.O.D.SIVADAS

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RESPONDENT(S):

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--------------------------

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THE REGIONAL TRANSPORT OFFICER ERNAKULAM.

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BY SR.GOVERNMENT PLEADER MR.K.C. SANTHOSH KUMAR.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rs.

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K.SURENDRA MOHAN, J. ------------------------------------------W.P.(C) No.6710 of 2010

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Dated this the 11^th day of March, 2010

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JUDGMENT

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The petitioner, the owner of a vehicle bearing Reg.No.KL-2/A 21 which is a 1991 model bus seeks permission to convert the same into a generator van. Since the vehicle has crossed 15 years, it has become unfit for being used as a stage carriage. Therefore, the petitioner purchased the same for fitting a generator. He also submitted a request for altering the vehicle into a Cinema Outdoor Unit by fitting a generator and other equipments. However, the same was rejected by the respondent on the ground that the alteration was against the provisions of Section 52 of the Motor Vehicles Act, 1988 (The Act for short). As per judgment dated 1.2.2010 in W.P.(c) No.2738/2010, I have already held that alteration of a passenger vehicle by fixing a generator set for use as a cinema outdoor unit is a permissible alteration under Section 52 of the Act. The dictum in the said judgment is applicable to the present case also.

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wpc No.6710/2010 2

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In the above circumstances, this Writ Petition is allowed. Ext.P3 is quashed. The respondent is directed to pass fresh orders granting permission for alteration of the petitioner's vehicle bearing Reg.No.KL-2/A 21 into a generator van. Orders in this regard shall be issued as expeditiously as possible and at any rate within a period of three weeks from the date of receipt of a copy of this judgment.

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K.SURENDRA MOHAN, JUDGE

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Iqubal v. the Regional Transport Officer

Case brief

What is this about?

What did the court decide?

Iqubal v. the Regional Transport Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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