G. Rohini, J.

1. The petitioner herein claims to be the registered owner of an Ambulance (Regn. No. AP-04-U-2474) with a seating capacity of five in all. He got it changed as Omni Bus with a seating capacity of 30 in all by removing the Ambulance equipment inside the vehicle and fixing the seats 30 in all. Thereafter the petitioner made an application on 1.2.2010 bringing the alteration to the notice of the 1st respondent - Regional Transport Officer, Proddatur - and requesting to get the vehicle inspected by the Motor Vehicle Inspector so as to enable him to ply it as Omni Bus. The said application was rejected by the 1st respondent by proceedings dated 8.2.2010 and aggrieved by the same, the present writ petition is filed contending that as per Section 52(3) of the Motor Vehicles Act, 1988, the 1st respondent is bound to make the necessary entries in the Registration Certificate by collecting the prescribed fee.

2. The Learned Counsel for the petitioner vehemently contended that as the petitioner, along with his application dated 1.2.2010 had paid the necessary fee as well as the tax for 30 seats and the same was accepted, it is not open to the 1st respondent to reject the petitioner's application. It is also contended that as the only change that was effected to the vehicle was fixation of the 30 seats instead of the existing 5 seats and there was no change at all in the structure of the vehicle nor there was any change in the basic features of the vehicle, the impugned order of rejection was illegal.

3. I have also heard the learned Government Pleader for Transport appearing for the respondents and perused the counter-affidavit filed on behalf of the respondents 1 and 2.

4. Section 52 of the Motor Vehicles Act, 1988 as amended by Act 27 of 2000 reads as under:

Section 52. Alteration in motor vehicle:

(1) No owner of a motor vehicle shall so alter the vehicle that the particulars contained in the certificate of registration are at variance with those originally specified by the manufacturer: Provided that where the owner of a motor vehicle makes modification of the engine, or any part thereof, of a vehicle for facilitating its operation by different type of fuel or source of energy including battery, compressed natural gas, solar power, liquid petroleum gas or any other fuel or source of energy, by fitment of a conversion kit, such modification shall be carried out subject to such conditions as may be prescribed:

Provided further that the Central Government may prescribe specifications, conditions for approval, retrofitment and other related matters for such conversion kits:

Provided also that the Central Government may grant exemption for alteration of vehicles in a manner other than specified above, for any specific purpose.

(2) Notwithstanding anything contained in Sub-section (1), a State Government may, by notification in the Official Gazette, authorise, subject to such conditions as may be specified in the notification, and permit any person owning not less than ten transport vehicles to alter any vehicle owned by him so as to replace the engine thereof with engine of the same make and type, without the approval of registering authority.

(3) Where any alteration has been made in motor vehicle without the approval of registering authority or by reason of replacement of its engine without such approval under Sub-section (2), the owner of the vehicle shall, within fourteen days of the making of the alteration, report the alteration to the registering authority within whose jurisdiction he resides and shall forward the certificate of registration to that authority together with the prescribed fee in order that particulars of registration may be entered therein.

(4) A registering authority other than the original registering authority making any such entry shall communicate the details of the entry to the original registering authority.

(5) Subject to the provisions made under Sub-sections (1), (2), (3) and (4), no person holding