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2019 Supreme(Ker) 737

ANIL K.NARENDRAN
Jefin Abraham – Appellant
Versus
Joint Regional Transport Officer, Thodupuzha – Respondent


Advocates Appeared:
For the Petitioner: Sri. G. Hariharan, Smt. K.S. Smitha, Sri. Praveen. H., Sri.V.R.Sanjeev Kumar, Advs.
For the Respondent: Sri C.K. Govindan, Senior Government Pleader

JUDGMENT :

The petitioner is the registered owner of a 2006 model Tempo Traveller Ambulance manufactured by M/s.Bajaj Tempo Ltd. [name changed as 'M/s.Force Motors Ltd.' in the year 2005 and later the brand name of the vehicle changed as 'Force Traveller'] bearing registration No.KL-40/2860, covered by Ext.P1 certificate of registration issued by the 1st respondent Joint Regional Transport Officer, who is the Additional Registering Authority, Thodupuzha. In Ext.P1 certificate of registration, the class of vehicle is shown as 'LMV - Ambulance' and 'type of body' as 'Saloon'. The unladen weight of the vehicle is 2115kg', the gross vehicle weight is 3510kg' and the wheelbase is 3350mm'. By Ext.P2 order dated 27.09.2018 of the 1st respondent Joint Regional Transport Officer, the petitioner's application dated 30.08.2018 for alteration of the vehicle as 'Hearse Ambulance' [sic: 'Hearse Van'] was rejected on the ground that, as per Section 52 of the Motor Vehicles Act, 1988 no owner of a motor vehicle shall so alter the vehicle that the particulars contained in the certificate of re

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