M.ABDUL RAHMAN Vs. TRANSPORT COMMISSIONER

JUDGEMENT

(1.) The petitioner purchased Omni buses, which were used as Contract Carriages, bearing Registration Nos.TN-33 AD 3444 and TN-33 AD 3939. The two omni buses were registered as Heavy Motor Vehicle Contract Carriages in the certificates of registration. The particulars of the vehicles, as found in the Registration Certificates, are extracted hereunder:-

(2.) On purchase of the above vehicles, the petitioner made an application to the second respondent on 10.7.2012 for conversion of the omni buses to goods vehicles and that claim was rejected on 12.7.2012 by referring to Section 52 of the Motor Vehicles Act, 1988 (for short, "the Act") and that order is impugned in the present writ petition.

(3.) The learned counsel for the petitioner contended that the original specification of the manufacturer has not been altered and it remains the same. Therefore, as per the proviso to Section 52 of the Act, modification of any part thereof is permissible so long as the original specification of the manufacturer is not altered. He relies upon Circular No.25 of 2001 issued by the Transport Commissioner, Government of Tamil Nadu in Letter No.E1/72414/2000 dated 28.5.2001 and the preamble of the circular clearly states as follows:-