K S RAJESH KUMAR Vs. ADDITIONAL REGISTERING AUTHORITY

JUDGEMENT

(1.) The petitioner purchased a vehicle bearing Reg.No.KL-11/A9007. The vehicle was originally an educational institution bus. Since the vehicle was held unfit for operation as a passenger vehicle, the petitioner purchased the same for the purpose of fitting a generator thereon for the use of the vehicle as a Cinema Outdoor Unit. He also applied for alteration of the vehicle as a Cinema Outdoor Unit. However, the request was rejected by the 1st respondent. An appeal filed against the rejection has also been dismissed by Ext.P2. According to the respondents, by altering the vehicle and converting the same into a generator van, the provisions of Sec.52 of the Motor Vehicles Act will be contravened.

(2.) According to the learned counsel for the petitioner, the alteration that is contemplated would not affect the basic feature of the vehicle. The petitioner would not alter the dimensions of the chassis or its body. He was only going to fit a generator set on the vehicle. The said alteration, according to the learned counsel for the petitioner, does not amount to alteration of its structure and is therefore permissible in law.

(3.) The learned Government Pleader, on instructions, submits that Section 2 (14) of the Motor Vehicles Act defines a goods carriage vehicle. Conversion of passenger vehicle into a goods carriage vehicle amounts to alteration of the basic feature thereof, which is not permissible under Rule 126 of the Central Motor Vehicles Rules also. Therefore, it is contended that the rejection of the petitioner' s application was fully justified.