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2012 Supreme(Ker) 621

K.SURENDRA MOHAN
Justin Joseph – Appellant
Versus
Additional Registering Authority – Respondent


Advocates appeared:
For the Petitioner:Shoby K. Francis, Smt. Agi Shoby, Advocates.
For the Respondent: P. Parameswaran Nair, ASG, P.P. Padmalayan, Government Pleader.

JUDGMENT :

1. The petitioner has filed this writ petition challenging Ext.P4 order by which an application submitted by the petitioner for the registration of his vehicle has been rejected. Ext.P4 has been issued for the reason that, the proposed alteration would change the basic features of the vehicle and thereby the particulars recorded in the Certificate of Registration in respect of the type of body, unladen weight etc. as well as the load carrying capacity of the vehicle would be changed. According to the counsel for the petitioner, Section 52 permits alterations to be conducted. It is also pointed out that construing the terms of Section 52, this Court has held that the question regarding permissibility of a particular alteration would have to be decided by the competent authority after a physical examination of the altered vehicle. The counsel for the petitioner also places reliance on an unreported judgment of this Court dated 16.1.2007 in WP(C).No.29946 of 2006. Since Ext.P4 has not been issued in compliance with the directions contained in the above judgment of this Court, it is contended that the said order is liable to be set aside.

2. A counter-affidavit has been filed









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