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2017 Supreme(Online)(KER) 24972

HIGH COURT OF KERALA
P. B. Suresh Kumar, J
VIJAYATH O – Appellant
Versus
MINISTRY OF ROAD TRANSPORT & HIGH WAYS – Respondent


J U D G M E N T

This Court is called upon to determine and define, in this batch of writ petitions, the category of buses to which the Code of Practice for Bus Body Design AIS:052(Rev.1)-2008 (the Body Code) prescribed by the Automotive Industry Standards Committee applies, in terms of Rule 125C of the Central Motor Vehicles Rules (the Rules) framed under the Motor Vehicles Act, 1988 (the Act). The facts of the cases are identical. The brief facts of one case alone need be referred to for adjudication of the question. W.P.(C).No.854 of 2017 is the first case in the batch and I shall, therefore, refer to the facts of that case.

2. On 13.12.2016, the petitioner purchased a heavy passenger vehicle chassis. The chassis purchased by the petitioner was one manufactured by M/s.TATA motors during September, 2016. It is stated by the petitioner that the chassis was later entrusted by him for fabrication of body to a body builder having accreditation under the Central Motor Vehicles (Accreditation of Bus Body Builders) Order, 2012. After fabrication of the body on the chassis, the petitioner produced the vehicle for registration before the third respondent. The case of the petitioner is that

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