K. Vinod Chandran, J.

1. The question raised is as to whether, while building the body on the chassis of a vehicle, with an approved "prototype", alteration is permissible at variance with the manufacturer's specification contained in the "prototype test certification".

2. These writ petitions are posted before the Division Bench on an order of reference on an apparent conflict between decisions by learned single Judges in W.P.(C).No.29946 of 2006 and W.P.(C).No.8836 of 2007. While W.P.(C).No.29946 of 2006 was decided holding that alteration is not totally prohibited and certification of the Registering Authority as to the road-worthiness is mandated by the statutory provisions, W.P. (C).No.8836 of 2007 was rendered holding that the prototype approved by the Automotive Research Association of India (for short "ARAI") cannot be tampered with.

3. By a Circular dated 28.9.2006, the Transport Commissioner reminded the Registering Authorities of Section 52 of the Motor Vehicles Act, 1988, hereinafter, 'M.V. Act', and required them to decline registration if it is in contravention of Section 52 of that Act. The writ petitions are filed challenging the action of the Registering