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2018 Supreme(Online)(KER) 41125

HIGH COURT OF KERALA
HRISHIKESH ROY, CJ, J, A. K. Jayasankaran Nambiar, J
THE ADDITIONAL REGISTERING AUTHORITY – Appellant
Versus
JOSE CHERIAN – Respondent


Advocates:
SRI.P.SANTHOSHKUMAR, SRI.P.DEEPAK

JUDGMENT

A.K.Jayasankaran Nambiar, J.

In all these Writ Appeals, the Additional Registering Authority under the Motor Vehicles Act and Rules, in the State of Kerala, is the appellant and it is aggrieved by the common judgment dated 24.5.2018 of the learned single judge in W.P.(C) Nos.1015, 2161, 2654, 2784 and 9120 of 2018. The issue raised in the Writ Petitions was with regard to the applicability of bus body design AIS:052 (Rev-1) 2008, prescribed in terms of Rule 125C of the Central Motor Vehicles Rules , 1989 ('the Central Rules' for short) to vehicles purchased before 1.10.2014, and the writ petitioners, who owned transport vehicles that had been registered as educational institution buses/private service vehicles, were aggrieved by the rejection of their applications for alteration of the class of vehicle to stage carriage/contract carriage, by the registering authority. It would appear that, when the applications for transfer of ownership, as also for alteration of the class of vehicles, was presented before the Registering Authority, the said Authority insisted on the vehicles conforming to the bus body code under Rule 125C of the Central Rules as a pre-condition for permitt

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