REGIONAL TRANSPORT OFFICER Vs. K. JAYACHANDRA

JUDGEMENT

(1.) Leave granted.

(2.) The question involved is as to the permissible alteration in a Motor Vehicle in view of the provisions contained in section 52 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act"), Rule 126 of the Central Motor Vehicles Rules, 1989 and the effect of Rules 96, 103 and 261 of the Kerala Motor Vehicle Rules, 1989. The Central Government has framed the rules called Central Motor Vehicle Rules, 1989 (for short "the Central Rules") in exercise of the power conferred under section 27 of the Act, and in exercise of powers conferred under Section 28 of the Act, the Kerala Government has framed the Kerala Motor Vehicle Rules, 1989 (hereinafter referred to as "the Kerala Rules"). The validity of Circular No.7/2006 issued by the Transport Commissioner, Kerala to all the Registering Authorities stating that the body of the vehicle constructed in violation of the prototype test certificate and which was not built in strict compliance of the specifications given by the manufacturer are to be denied the registration. Pursuant thereto the Regional Transport Authorities did not grant permission to certain motor vehicles in view of the provisions contained in section 52 and the Circular. As such several writ petitions came to be filed in the High Court of Kerala at Ernakulam.

(3.) In Writ Petition (C) No.29946 of 2006 decided on 16.1.2007 by the learned Single Judge it was held that Rule 126 of the Central Rules does not fetter the powers of the Regional Transport Authorities to intelligently exercise their discretion in terms of the Kerala Rules, in particular Rules 96, 103 and 261; whereas a contrary view was taken by another Single Judge vide order dated 23.5.2007 in Writ Petition (C) No.8836 of 2007 and it was observed that the alteration in derogation of prototype test in terms of Rule 126 of the Central Rules cannot be approved.