IMPORTANT POINT
Particulars in certificate of registration can be changed except to the extent of the entries made in the same as per the specifications originally made by the manufacturer.

JUDGMENT :

Arun Mishra, J.

1. Leave granted.

2. The question involved is as to the permissible alteration in a Motor Vehicle in view of the provisions contained in section 52 of the Motor Vehicles Act, 1988 (hereinafter referred to as “the Act”), Rule 126 of the Central Motor Vehicles Rules, 1989 and the effect of Rules 96, 103 and 261 of the Kerala Motor Vehicle Rules, 1989. The Central Government has framed the rules called Central Motor Vehicle Rules, 1989 (for short “the Central Rules”) in exercise of the power conferred under section 27 of the Act, and in exercise of powers conferred under Section 28 of the Act, the Kerala Government has framed the Kerala Motor Vehicle Rules, 1989 (hereinafter referred to as “the Kerala Rules”). The validity of Circular No.7/2006 issued by the Transport Commissioner, Kerala to all the Registering Authorities stating that the body of the vehicle constructed in violation of the prototype test certificate and which was not built in strict compliance of the specifications given by the manufacturer are to be denied the registration. Pursuant thereto the Regional Transport Authorities did not grant permission to certain motor vehicles in view of the provisions contained in section 52 and the Circular. As such several writ petitions came to be filed in the High Court of Kerala at Ernakulam.

3. In Writ Petition (C) No.29946 of 2006 decided on 16.1.2007 by the learned Single Judge it was held that Rule 126 of the Central Rules does not fetter the powers of the Regional Transport Authorities to intelligently exercise their discretion in terms of the Kerala Rules, in particular Rules 96, 103 and 261; whereas a contrary view was taken by another Single Judge vide order dated 23.5.2007 in Writ Petition (C) No.8836 of 2007 and it was observed that the alteration in derogation of prototype test in terms of Rule 126 of the Central Rules cannot be approved.

4. Writ Petition (C) No.28702 of 2007 for quashing Circular No.7/2006 and the order passed on 3.7.2007 declining registration was filed.

5. Writ Petition (C) Nos.1323 of 2010 and 1468/2010 were filed with respect to the denial of registration by the Registering Authorities as the body built over the chassis extended by a length of 15 cms. beyond the chassis which was not adhering to the specifications given by the manufacturer of the vehicle.

6. Writ Petition (C) No.274 of 2012 was filed by the owner of the vehicle to question denial of registration in view of the aforesaid rule and the Circular. Yet another Writ Petition (C) No.274 of 2012 was filed against the refusal to grant registration of a vehicle which was re-modelled as a ‘recovery vehicle’ altered in an unauthorised manner by cutting the chassis of the vehicle by one feet at the rear end which was not in conformity with the prototype test in terms of Rule 126 of the Central Rules.

7. In view of the conflict in judgments in Writ Petition (C) No.29946 of 2006 and Writ Petition (C) No.8836 of 2007 regarding the issue of alteration whether alteration is permissible at variance with the manufacturer’s specification contained in the prototype test certification, the matter was referred to a Division Bench of the High Court. The High Court by the common judgment passed in the writ petitions came to the conclusion that structural alteration is permissible as per the provisions of the Kerala Rules. The view taken by the learned Single Judge in Writ Petition (C) No.29946 of 2006 has been upheld hence the appeals have been preferred in this Court. This Court has stayed the operation of the impugned judgment and order on 16.4.2013. Considering the importance of the matter notice was issued to the Ministry of Road Transport and Highways through its Secretary, and Mr. K.V. Viswanathan, learned senior counsel was appointed as amicus curiae to assist the Court.

8. It is apparent from the factual matrix of Writ