JUDGMENT : The petitioner purchased a 'TATA LPT 909 EX2/38WB BSIV Cab Chassis' manufactured by M/s.TATA Motors, covered by Ext.P1 sale certificate issued by M/s.Focus Motors, Edappally in Form No.21. The 'class of vehicle' mentioned in Ext.P1 sale certificate dated 10.10.2018 and Ext.P2 vehicle data sheet dated 10.10.2018 is 'MGV -Goods Carrier Truck' (Medium Goods Vehicle) and the 'type of body' is 'Cab Chassis'. The 'unladen weight' of the vehicle is 3,040kg and the 'gross vehicle weight' is 9,600kg. The 'seating capacity' of the vehicle (including driver) is 'two'. Based on Ext.P4 application for registration dated 10.10.2018, the vehicle was granted with temporary registration valid from 10.10.2018 to 08.11.2018 and assigned temporary registration mark 'KL-07-CX-TEMP-7923', as evidenced by Ext.P3 temporary certificate of registration dated 11.10.2018 issued by the 1st respondent Registering Authority. The petitioner removed the 'cab' attached to the chassis and fabricated bus-like body on the chassis with collapsible door shutter in the middle of left side body. A generator is mounted inside a separate cabin at rear overhang and the exhaust pipe of the generator is connected to the roof at the right rear-end, pointing to rear side. The photograph of the vehicle after fabrication of a bus-like body is placed on record as Ext.P5. 2. In paragraph 3 of the writ petition it is averred that, the petitioner erected generator in the body of the vehicle without making any change or alteration to the chassis. Mounting of generator in the vehicle with covered body would not offend any of the provisions of the Motor Vehicles Act or the Rules. There is no alteration to the body of the vehicle and the vehicle itself was purchased for fitting generator. As per the notification issued by the Government, vehicle fitted with generator had to be classified as Non-Transport Vehicle. 3. In the writ petition it is contended that the inaction on the part of the respondent in registering the vehicle as Non-Transport Vehicle is highly arbitrary and illegal. On account of the delay on the part of the respondent in registering the vehicle, the petitioner is not in a position to use that vehicle. 3. In the writ petition it is contended that the inaction on the part of the respondent in registering the vehicle as Non-Transport Vehicle is highly arbitrary and illegal. On account of the delay on the part of the respondent in registering the vehicle, the petitioner is not in a position to use that vehicle. In such circumstances, the petitioner has filed this writ petition seeking a writ of mandamus commanding the respondent to consider and dispose of Ext.P4 application for registration and register the petitioner's vehicle as 'Non-Transport Vehicle -Generator Van' and levy tax at the rate applicable to Non-Transport Vehicle. 4. On 27.03.2019, when this writ petition came up for consideration, the learned counsel for the petitioner sought time to get instructions as to the body-builder, who had undertaken bodybuilding of the petitioner's vehicle, as seen in Ext.P5 photograph. On 28.05.2019, the petitioner filed I.A.No. 2 of 2019 seeking an order to implead the bodybuilder, namely, M/s.Sisira Automobiles, as additional 2nd respondent, which was allowed on 31.05.2019. Thereafter, on 17.06.2019, the petitioner was permitted to take out urgent notice on admission to the additional 2nd respondent, returnable within two weeks. Despite service of notice, none appears for the additional 2nd respondent. 5. On 22.05.2019, when this writ petition came up for consideration, the learned Government Pleader submitted that the respondent shall file a statement/counter affidavit after inspecting the vehicle in question. The learned counsel for the petitioner submitted that the petitioner shall produce the vehicle before the registering authority for inspection on 24.05.2019. Along with a memo filed by the learned Senior Government Pleader dated 28.05.2019, the inspection report dated 24.05.2019 of the Motor Vehicle Inspector, Regional Transport Office, Ernakulam, is placed on record. On 31.05.2019, when this writ petition came up for consideration, the learned counsel for the petitioner sought time to get instructions on the inspection report dated 24.05.2019. 6. The 1st respondent has filed a counter affidavit opposing the reliefs sought for in this writ petition. In the counter affidavit, it is pointed out that when the vehicle was brought for inspection on 24.05.2019, the registration number of the vehicle was exhibited in black letters on white background, at the front and rear of the vehicle, though registration procedure of that vehicle was not over and no certificate of registration is issued. In the counter affidavit, it is pointed out that when the vehicle was brought for inspection on 24.05.2019, the registration number of the vehicle was exhibited in black letters on white background, at the front and rear of the vehicle, though registration procedure of that vehicle was not over and no certificate of registration is issued. The petitioner's vehicle is a Medium Goods Carrier Truck purchased with type of body as 'Cab Chassis'. The petitioner can build load body on the chassis without violating the dimensions in type approval, which can be either platform, open, high deck, closed or container. As per the inspection report dated 24.05.2019, the prototype approved driver cabin has been removed and the entire body has been fabricated on the chassis, violating the norms prescribed and also the type approval. The Field Officer has reported that the length, width, height, and front overhang of the vehicle have been increased more than the approved ratio. The entire body has to be dismantled and the driver cabin has to be rebuilt complying with the dimensions as in the type approval. The petitioner has been issued with Ext.R1(a) notice dated 25.05.2019, whereby he has been directed not to put the vehicle on road and produce the vehicle before the registering authority as and when demanded. The 1st respondent would contend that in view of Circular No.7/2007 and the judgment of the Apex Court in Regional Transport Officer v. K.Jayachandra [ (2019) 3 SCC 722 ] no variations in the dimensions is permissible. 7. Heard the learned counsel for the petitioner and also the learned Government Pleader appearing for the 1st respondent. 8. The issue that arises for consideration in this writ petition is as to whether the petitioner is entitled for a writ of mandamus commanding the 1st respondent to consider and dispose of Ext.P4 application for registration of the vehicle in question and register that vehicle as Non-Transport Vehicle Generator Van, levying tax at the rate applicable to Non-Transport Vehicle. 9. The vehicle purchased by the petitioner, covered by Ext.P1 sale certificate issued in Form No.21, is a 'TATA LPT 909 EX2/38WB BS-IV Cab Chassis' manufactured by M/s.TATA Motors. As per Ext.P1 sale certificate and Ext.P2 vehicle data sheet the 'class of vehicle' is 'MGV -Goods Carrier Truck' and the 'type of body' is 'Cab Chassis'. 9. The vehicle purchased by the petitioner, covered by Ext.P1 sale certificate issued in Form No.21, is a 'TATA LPT 909 EX2/38WB BS-IV Cab Chassis' manufactured by M/s.TATA Motors. As per Ext.P1 sale certificate and Ext.P2 vehicle data sheet the 'class of vehicle' is 'MGV -Goods Carrier Truck' and the 'type of body' is 'Cab Chassis'. A picture of 'TATA LPT 909 EX2/38WB BS-IV Cab Chassis' is placed on record as Ext.2 along with the inspection report dated 24.05.2019. The photographs of the petitioner's vehicle, which has been fabricated with bus-like body on the chassis with collapsible door shutter in the middle of left side body (after removing the 'cab' attached to the chassis, and mounting a generator inside a separate cabin at rear overhang) are placed on record as Ext.P5 and as Ext.1 along with the inspection report dated 24.05.2019. The prototype approval granted by Automotive Research Association of India (for brevity, 'ARAI') on 24.09.2014 for the base model 'LPT 909 EX2/38WB BS-IV' and its variants is placed on record as Ext.3 along with the said inspection report. Sl.No.7 in the list of variants is 'LPT 909 EX2/38WB BS-IV' with type/description 'Full Forward Control Truck Chassis with Cab & without Load-body fitment of PTO optional'. [In 'Full Forward Control Truck Chassis' the engine is mounted completely inside the driver's cabin. On the other hand, in 'Semi Forward Control Truck Chassis' half of the engine is inside the driver's cabin and the remaining half in front of it. PTO, i.e., 'Power take-off' is a device that transmits the mechanical power of engine to an additional equipment that does not have its own engine or motor.] 10. In the prototype approval granted by ARAI it is certified that the base model and the variants comply with the provisions of the Central Motor Vehicles Rules, 1989 as amended up-to-date, including the requirements as detailed at Annexure-I, IA and IB. In Annexure-I it is certified that tyres (size & ply rating); brakes; steering gear; safety glass; windscreen wiper; signalling devices, direction indicators & stop lights; position of the indicators; fitment of reflectors; lamps; deflection of lights; horns; rear view mirror; safety belt, seats & their anchorages, head restraints; warning triangle; etc. In Annexure-I it is certified that tyres (size & ply rating); brakes; steering gear; safety glass; windscreen wiper; signalling devices, direction indicators & stop lights; position of the indicators; fitment of reflectors; lamps; deflection of lights; horns; rear view mirror; safety belt, seats & their anchorages, head restraints; warning triangle; etc. are verified and found to be complying with the relevant provisions of the Central Motor Vehicles Rules and also the relevant Automotive Industry Standard (AIS) prescribed by ARAI/Indian Standard (IS) prescribed by Bureau of Indian Standards (BIS). In Annexure-IA ARAI has certified compliance verification of automobile lamps; hydraulic brake hose; accelerator control system; door lock & door retention components; etc. with reference to the relevant AIS/IS standards. Installation of lighting/signalling devices, the performance requirements with vertical orientation are verified for compliance of the relevant AIS standards. Annexure-IB specifies the test standards for various components, with reference to the relevant AIS/IS standards. 11. The inspection report dated 24.05.2019 of the Motor Vehicle Inspector, Regional Transport Office, Ernakulam, which is placed on record along with the memo filed by the learned Senior Government Pleader dated 28.05.2019, reads thus; “Inspected vehicle exhibited with registration mark KL-07-CQ-5434 in black letters on white back ground both at front and rear. Inspection was carried as per the interim direction ref. 2nd above. The vehicle looks like a passenger coach with a door at the left middle of the body with collapsible shutters and steps to enter. Body has been painted with blue and green colors and a louvered portion painted black on both sides of rear over hang. Photographs of the same is attached here with and marked as Exhibit 1. The vehicle is a medium Goods carrier truck as per Form 21 (Ext.P1 sale certificate in W.P.(C)No.9266/ 2019) bearing Chassis number MAT507210J8H21137 and engine number 497TC41HRY827775 which is brand named as "TATA LPT 909 EX2 BS IV/38 cab chassis" by the manufacturer. Copy of picture of the same is attached herewith and marked as Exhibit 2. The base model and its variants are prototype approved as per type approval certificate AAFN0188 FO1 Dt. 24/09/2012 issued by ARAI -an agency empowered as per Rule 126 of CMVR 1989. Copy of approval AAFN 0188 is attached herewith and marked as Exhibit 3. Copy of picture of the same is attached herewith and marked as Exhibit 2. The base model and its variants are prototype approved as per type approval certificate AAFN0188 FO1 Dt. 24/09/2012 issued by ARAI -an agency empowered as per Rule 126 of CMVR 1989. Copy of approval AAFN 0188 is attached herewith and marked as Exhibit 3. Dimensions of the cab and chassis of variant 1 as per Annexure A in the above approval are as follows:- Wheel base 3800 mm Overall length 6805 mm Overall width 2170 mm Height 2390 mm Front Overhang 1275 mm Rear Overhang 1784 mm M/s. Tata Motors has submitted particulars of this particular model for prototype test and approval in table 7 and it got approved accordingly. Variant 1, i.e., cab chassis is available for the customers only to facilitate a load body of their choice not violating CMV Rules 1989. Freedom of owner/fabricator is limited to that extend only. In the instant case, driver cabin shown in Exhibit 2 has been removed and an entire bus body has been fabricated on the chassis violating all norms prescribed and type approved. 1. By removing driver cabin, brake system, steering system, electrical system are tampered and altered in violation of Section 52(1) of MV Act 1988. Driver cabin, room, visibility, accessibility, etc. are also tampered with. (a) Brakes:-Brake valves, gauges, pedal assemblies which were mounted and tested by the manufacturer have been removed from the cabin and fitted on a fabricated body by the body builder. (b) Steering:-Steering column, its angle and position supporting brackets are altered. (c) Wiring:-Entire electrical system of the vehicle tampered with. (d) Driver cabin:-Seating position, visibility, maneuverability etc also affected by the removal of cabin. 2. Dimensions of the vehicle are tabulated below against the original as per approval. Sl.no Description Measured on vehicle As per approval 1 Overall length 7150mm 6805mm 2 Overall width 2350 mm 2170 mm 3 Overall height 3200 mm 2390 mm 4 Front overhang 1750 mm 1271 mm 3. A cabin has been separated inside the vehicle at rear overhang area and a generator mounted inside it. Details of mounting are not visible and specifications of generator are not available. Exhaust pipe of generator has been connected to the roof at rear right end and it points to the rear. 4. A cabin has been separated inside the vehicle at rear overhang area and a generator mounted inside it. Details of mounting are not visible and specifications of generator are not available. Exhaust pipe of generator has been connected to the roof at rear right end and it points to the rear. 4. Inside of vehicle looks like a workshop with metal racks and two sleeper berths; one having size 1700mm X 400mm left side of driver cabin and the other having size 1800 X 550mm at the left middle of the vehicle. Photographs of the same are attached and marked as Exhibit 4. Hon'ble Supreme court emphasised that, no alterations permissible in variation to the specifications prescribed by the manufacturer in judgment Regional Transport Officer & Ors. Vs K.Jayachandran & Anr. [2019 AIR (SC) 362]. The Court upheld Circular No.7/2006 of the Transport Commissioner as well. So the body built on cab and chassis of TATA LPT 909 bearing chassis number MAT507210J8H21137 and engine number 497TC41HRY827775 is violating S.52(1) of MV Act, 1988 by altering all dimensions like length, width, height, etc. and removing original driver cabin provided by the manufacturer. The construction is in violation of the dictum laid down by Hon'ble Supreme Court in [2019 AIR (SC) 362] and Circular No.7/2006 as well. A vehicle cannot be reclassified as per the use of that vehicle, i.e., where a vehicle is manufactured as a goods vehicle will remain as a goods carriage N2 Category transport vehicle even if it is fitted with a Generator and the owner intends to use it as a Generator Van. Hence it is concluded that, the vehicle in question is not roadworthy due to the violations stated above and it cannot be reclassified as Generator Van (NTV). The registration mark exhibited as NTV prior to the issuance of registration certificate is also illegal.” (underline supplied) 12. As per clause (13) of Section 2 of the Motor Vehicles Act, 'goods' includes livestock, and anything (other than equipment ordinarily used with the vehicle) carried by a vehicle except living persons, but does not include luggage or personal effects carried in a motor car or in a trailer attached to a motor car or the personal luggage of passengers travelling in the vehicle. Clause (14) of Section 2 of the Act define 'goods carriage' to mean any motor vehicle constructed or adapted for use solely for the carriage of goods, or any motor vehicle not so constructed or adapted when used for the carriage of goods. Clause (16) of Section 2 of the Act define 'Heavy Goods Vehicle' to mean any goods carriage the gross vehicle weight of which, or a tractor or a road-roller the unladen weight of either of which, exceeds 12,000 kilograms. Clause (23) of Section 2 of the Act define 'Medium Goods Vehicle' to mean any goods carriage other than a light motor vehicle or a heavy goods vehicle. Clause (q) of Rule 2 of the Central Motor Vehicles Rules define 'Category N2' to mean a motor vehicle used for the carriage of goods and having a Gross Vehicle Weight exceeding 3.5 tonnes but not exceeding 12 tonnes. 13. As per sub-section (1) of Section 41 of the Motor Vehicles Act, an application by or on behalf of the owner of a motor vehicle for registration shall be in such form and shall be accompanied by such documents, particulars and information and shall be made within such period as may be prescribed by the Central Government. As per sub-section (3) of Section 41, the registering authority shall issue to the owner of a motor vehicle registered by it a certificate of registration in such form and containing such particulars and information and in such manner as may be prescribed by the Central Government. As per sub-section (4) of Section 41, in addition to the other particulars required to be included in the certificate of registration, it shall also specify the type of the motor vehicle, being a type as the Central Government may, having regard to the design construction and use of the motor vehicle, by notification in the Official Gazette, specify. 14. In exercise of the powers under sub-section (4) of Section 41 of the Motor Vehicles Act, the Central Government vide notification No.S.O.1284(E) dated 05.11.2004 specified the types of motor vehicles as mentioned in column 1 and 2 of the Table for the purpose of sub-section (4). As per the said notification, Goods Carriage trucks or tankers or Mail Carriers (N1-N3 Category) are classified as Transport Vehicles [Column 1 – Sl.No.(vi)]. As per the said notification, Goods Carriage trucks or tankers or Mail Carriers (N1-N3 Category) are classified as Transport Vehicles [Column 1 – Sl.No.(vi)]. As per the said notification, vehicles or trailers fitted with equipments like rig, generator, and compressor are classified as Non-Transport Vehicle [Column 2 – Sl.No.(vii)]. 15. Section 58 of the Motor Vehicles Act deals with special provisions in regard to Transport Vehicles. As per subsection (1) of Section 58, the Central Government may, having regard to the number, nature and size of the tyres attached to the wheels of a transport vehicle (other than a motorcab), and its make and model and other relevant, considerations, by notification in the Official Gazette, specify, in relation to each make and model of a transport vehicle, the maximum gross vehicle weight of such vehicle and the maximum safe axle weight of each axle of such vehicle. As per sub-section (2) of Section 58, a Registering Authority, when registering a transport vehicle, other than a motorcab, shall enter in the record of registration and shall also enter in the certificate of registration of the vehicle the following particulars, namely, (a) the unladen weight of the vehicle; (b) the number, nature and size of the tyres attached to each wheel; (c) the gross vehicle weight of the vehicle and the registered axle weights pertaining to the several axles thereof; and (d) if the vehicle is used or adapted to be used for the carriage of passengers solely or in addition to goods, the number of passengers for whom accommodation is provided, and the owner of the vehicle shall have the same particulars exhibited in the prescribed manner on the vehicle. 16. Rule 47 of the Central Motor Vehicles Rules deals with application for registration of motor vehicles. As per sub-rule (1) of Rule 47, an application for registration of a motor vehicle shall be made in Form 20 to the Registering Authority within a period of seven days from the date of taking delivery of such vehicle, excluding the period of journey and shall be accompanied by the documents enumerated in clauses (a) to (l), which includes sale certificate in Form 21; valid insurance certificate; road-worthiness certificate in Form 22 from the manufacturers, Form 22-A from the body builders; etc. 17. 17. In Hassan Koya v. Transport Commissioner, Thiruvananthapuram and another [ 2015 (1) KHC 741 ], a Division Bench of this Court, after referring to the provisions under Sections 41 and 58 of the Motor Vehicles Act and Rule 47 of the Central Motor Vehicles Rules, held that, in Form 20, among the particulars that are required to be furnished, Sl.No.12 refers to 'class of vehicle', Sl.No.14 refers to 'type of body', Sl.No.15 refers to 'type of vehicle' and Sl.No.24 refers to 'seating capacity' (including driver). In respect of Transport Vehicles other than motor cab, certain other particulars are also to be specified which, inter alia, includes the number, description, size and ply rating of tyres, as declared by the manufacturer, gross vehicle weight as certified by the manufacturer, maximum axle weight, the dimensions, etc. The application has to be accompanied by sales certificate in Form 21 to be issued by the manufacturer/dealer. In the said form Sl.No.1 refers to 'class of vehicle', Sl.No.9 refers to 'seating capacity'', which includes driver, and Sl.No.14 refers to 'type of body'. Rule 48 indicates that after verification of the documents furnished in terms of Rule 47, the Registering Authority shall issue a certificate of registration in Form 23 or 23A. Form 23 is the certificate of registration, which shall contain various particulars and Sl.No.1 refers to 'class of vehicle', Sl.No.3 'type of body', Sl.No.11 'maker's classification', Sl.No.13 'seating capacity'. Certain additional particulars are to be included in all Transport Vehicles other than motor cabs relating to gross vehicle weight, particulars regarding rating of tyres as declared by manufacturer, axle weight, etc. Therefore it is evident that the class of vehicle is one of the specific particulars to be mentioned in the application for registration, the manufacturer's certificate, as well as registration certificate. 18. In Hassan Koya's case (supra) the Division Bench noticed that, Chapter V of the Central Motor Vehicles Rules prescribes the parameters and standards which the vehicles have to maintain which, inter alia, includes over all dimension of the vehicle, emission levels, size of tyres, break, gear, windscreen wipers, lights, safety devices, etc. The manufacturers are under obligation to comply with the standards prescribed under the Rules. The manufacturers are under obligation to comply with the standards prescribed under the Rules. Rule 126, inter alia, provides that every manufacturer of motor vehicle shall submit the prototype of vehicle for test by the Vehicle Research and Development Establishment, Ministry of Defence or Automotive Research Association of India, Pune or such other agencies as recognised by the Government to ensure that they comply with the standards prescribed under the Rules which applies to imported vehicles as well. The Division Bench held that, if a manufacturer classifies the motor vehicle as a goods carriage or goods vehicle, there cannot be any doubt that it is solely constructed or adapted for the carriage of goods. In such an event, the vehicle can only be classified as a goods carriage and therefore a transport vehicle and the Registering Authority has no discretion in the matter. However, it is open for the Central Government to specify by notification in the Official Gazette, to include in the certificate of registration the type of vehicle having regard to the design, construction and use of motor vehicle, as specified under subsection (4) of Section 41 of the Motor Vehicles Act. Every manufacturer has to comply with the prototype test in terms of Rule 126 of the Central Motor Vehicles Rules and the utility of the vehicle depends upon the approved test by the competent agency. After referring to a publication of Automotive Research Association of India (ARAI) published in December, 2005 which categorises vehicles into different categories, the Division Bench held that, when a particular model vehicle is certified by an approved agency under Rule 126, the classification has to be made on that basis. If the model of vehicle is categorised as goods vehicle under N1 Category by the manufacturer, the same entry has to come in the registration certificate as well and the said classification cannot be changed. 19. In Regional Transport Officer and others v. K.Jayachandra and others [ (2019) 3 SCC 722 ] the question came up for consideration before the Apex Court was as to the permissible alteration in a motor vehicle in view of the provisions contained in Section 52 of the Motor Vehicles Act, Rule 126 of the Central Motor Vehicles Rules and the effect of Rules 96, 103 and 261 of the Kerala Motor Vehicle 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 registration, was also under challenge. After referring to the provisions under Section 32 of the Motor Vehicles Act, 1939 and the provisions under Section 52 of the Motor Vehicles Act, 1988 as originally enacted and later amended by the Motor Vehicles (Amendment) Act, 2000, the Apex Court held that, Section 52 has been amended with the purpose to prohibit alteration of vehicles in any manner including to prohibit alteration of vehicles in any manner including change of tyres of higher capacity, keeping in view road safety and protection of environment. Paragraphs 10 to 13 of the said decision read thus; “10. Section 52 of the Act deals with alteration in the motor vehicle. Prior to that, provision with respect to alteration in motor vehicles was contained in Section 32 of the Motor Vehicles Act, 1939. Section 32 of the Act of 1939 is extracted hereunder: 32. Alternation in motor vehicle.-(1) No owner of a motor vehicle shall so alter the vehicle that the particulars contained in the certificate of registration are no longer accurate, unless- (a) he has given notice to the registering authority within whose jurisdiction he resides of the alteration he proposes to make, and (b) he has obtained the approval of the registering authority to make such alteration: Provided that it shall not be necessary to obtain such approval for making any change in the unladen weight of the motor vehicle consequent on the addition or removal of fittings or accessories if such change does not exceed two percent. of the weight entered in the certificate of registration. (2) Where a registering authority has received notice under sub-section (1), it shall, within seven days of the receipt thereof, communicate, by post, to the owner of the vehicle its approval to the proposed alteration or otherwise: Provided that where the owner of the motor vehicle has not received any such communication within the said period of seven days, the approval of such authority to the proposed alteration shall be deemed to have been given. (3) Notwithstanding anything contained in sub-section (1), a State Government may, by notification in the Official Gazette, authorise, subject to such conditions as may be specified in the notification, the owners of not less than ten transport vehicles to alter any vehicle owned by them so as to change its engine number by replacing the engine thereof without the approval of the registering authority. (4) Where any alteration has been made in a motor vehicle either with the approval of the registering authority given or deemed to have been given under sub-section (2) or by reason of any change in its engine number without such approval under subsection (3), the owner of the vehicle shall within fourteen days of the making of the alteration, report the alteration to the registering authority within whose jurisdiction he resides and shall forward the certificate of registration to that authority together with the prescribed fee in order that particulars of the alteration may be entered therein. (5) A registering authority other than the original registering authority making any such entry shall communicate the details of the entry to the original registering authority. (Emphasis supplied) 11. The alteration in a motor vehicle under the parent Act is dealt with in Section 52 of Motor Vehicles Act, 1988. Section 52 as originally enacted is extracted hereunder: 52. Alternation in a motor vehicle.-(1) No owner of a motor vehicle shall so alter the vehicle that the particulars contained in the certificate of registration are no longer accurate, unless.- (a) he has given notice to the registering authority within whose jurisdiction he has the residence or the place of business where the vehicle is normally kept, as the case may be of the alteration he proposes to make; and (b) he has obtained the approval of that registering authority to make such alteration: Provided that it shall not be necessary to obtain such approval for making any change in the unladen weight of the motor vehicle consequent on the addition or removal of fittings or accessories if such change does not exceed two percent of the weight entered in the certificate of registration. Provided further that modification of the engine, or any part thereof, of a vehicle for facilitating its operation by a different type of fuel or source of energy including battery, compressed natural gas, solar power or any other fuel or source of energy other than liquid petroleum gas shall be treated as an alteration but that shall be subject to such conditions as may be prescribed. (2) Where a registering authority has received notice under sub-section (1), it shall, within seven days of the receipt thereof, communicate, by post, to the owner of the vehicle its approval to the proposed alteration or otherwise: Provided that where the owner of the motor vehicle has not received any such communication within the said period of seven days, the approval of such authority to the proposed alteration shall be deemed to have been given. (3) Notwithstanding anything contained in sub-section (1), a State Government may, by notification in the Official Gazette, authorise, subject to such conditions as may be specified in the notification, the owners of not less than ten transport vehicles to alter any vehicle owned by them so as to change its engine number by replacing the engine thereof without the approval of the registering authority. (4) Where any alteration has been made in a motor vehicle either with the approval of the registering authority given or deemed to have been given under sub-section (2) or by reason of any change in its engine number without such approval under sub-section (3), the owner of the vehicle shall within fourteen days of the making of the alteration, report the alteration to the registering authority within whose jurisdiction he resides and shall forward the certificate of registration to that authority together with the prescribed fee in order that particulars of the alteration may be entered therein. (5) A registering authority other than the original registering authority making any such entry shall communicate the details of the entry to the original registering authority. (6) No person holding a vehicle under a hire-purchase agreement shall make any alteration to the vehicle for which approval of the registering authority is required Under Sub-section (1) except with the written consent of the registered owner. (Emphasis supplied) 12. Section 52 has undergone change by way of Amendment Act 27/2000. (6) No person holding a vehicle under a hire-purchase agreement shall make any alteration to the vehicle for which approval of the registering authority is required Under Sub-section (1) except with the written consent of the registered owner. (Emphasis supplied) 12. Section 52 has undergone change by way of Amendment Act 27/2000. The Statement of Objects and Reasons of Amendment Act 27/2000 is extracted hereunder: Amendment Act 27 of 2000 -Statement of Objects and Reasons.-The Motor Vehicles Act, 1988 consolidated and rationalized various laws regulating road transport. The said Act was amended in 1994. 2. Further amendments in the aforesaid Act have become necessary so as to reduce the vehicular pollution and to ensure the safety of the road users. It is, therefore, proposed to prohibit alteration of vehicles in any manner including change of tyres of higher capacity. However, the alteration of vehicles with a view to facilitating the use of eco-friendly fuel including Liquefied Petroleum Gas (LPG) is being permitted. Further, it is proposed to confer powers on the Central Government to allow the alteration of vehicles for certain specified purposes. 3. At present, the educational institutions are not required to obtain permits for the operation of buses owned by them. It is proposed to bring the buses run by these institutions within the purview of the aforesaid Act by requiring them to obtain permits. 4. It is also proposed to allow renewal of permits, driving licences and registration certificates granted under the Motor Vehicles Act, 1939 to be renewed under the Motor Vehicles Act, 1988, by inserting new Section 217A. 5. The proposed amendments are essential in the overall interest of securing road safety and maintaining a clean environment. (Emphasis supplied) 13. It is apparent that Section 52 has been amended with the purpose to prohibit alteration of vehicles in any manner including change of tyres of higher capacity, keeping in view road safety and protection of environment. Section 52 has been amended by virtue of Amendment Act 27/2000 in the following manner: 52. (Emphasis supplied) 13. It is apparent that Section 52 has been amended with the purpose to prohibit alteration of vehicles in any manner including change of tyres of higher capacity, keeping in view road safety and protection of environment. Section 52 has been amended by virtue of Amendment Act 27/2000 in the following manner: 52. Alteration in a motor vehicle.-(1) No owner of a motor vehicle shall so alter the vehicle that the particulars contained in the certificate of registration are at variance with those originally specified by the manufacturer: Provided that where the owner of a motor vehicle makes modification of the engine, or any part thereof of a vehicle for facilitating its operation by different type of fuel or source of energy including battery, compressed natural gas, solar power, liquid petroleum gas or any other fuel or source of energy, by fitment of a conversion kit, such modification shall be carried out subject to such conditions as may be prescribed: Provided further that the Central Government may prescribe specifications conditions for approval, retrofitment and other related matters for such conversion kits; Provided also that the Central Government may grant an exemption for alteration of vehicles in a manner other than specified above, for any specific purpose. (2) Notwithstanding anything contained in sub-section (1), a State Government may, by notification in the Official Gazette, authorise, subject to such conditions as may be specified in the notifications, and permit any person owning not less than ten transport vehicles to alter any vehicle owned by him so as to replace the engine thereof with engine of the same make and type, without the approval of registering authority. (3) Where any alteration has been made in a motor vehicle without the approval of registering authority or by reason of replacement of its engine without such approval under subsection. (2), the owner of the vehicle shall, within fourteen days of the making of the alteration, report the alteration to the registering authority within whose jurisdiction he resides and shall forward the certificate of registration to that authority together with the prescribed fee in order that particulars of registration may be entered therein. (4) A registering authority other than the original registering authority making any such entry shall communicate the details of the entry to the original registering authority. (4) A registering authority other than the original registering authority making any such entry shall communicate the details of the entry to the original registering authority. (5) Subject to the provisions made Under Sub-section (1), (2), (3) and (4), no person holding a vehicle under a hire-purchase agreement shall make any alteration to the vehicle except with the written consent of the registered owner. Explanation.-For the purpose of this section, 'alteration' means a change in the structure of a vehicle which results in change in its basic feature. (Emphasis supplied) 20. The judgment of the Apex Court in K.Jayachandra's case (supra) arises out of the judgment of a Division Bench of this Court in Jayachandran K. and others v. Regional Transport Officer, Trichur and others [ 2012 (4) KHC 684 ] (judgment dated 19.11.2012 W.P. (C)Nos.28702 of 2007, 1323 of 2010, 1468 of 2010 and 274 of 2012). Those writ petitions were referred to the Division Bench in view of the conflict in judgments in W.P.(C)No.29946 of 2006 and W.P.(C)No.8836 of 2007 regarding the issue of alteration. The question before the Division Bench was as to whether alteration is permissible at variance with the manufacturer's specification contained in the prototype test certification. In W.P.(C)No.29946 of 2006 decided on 16.01.2007 the learned Single Judge held that Rule 126 of the Central Motor Vehicles Rules does not fetter the powers of the Regional Transport Authorities to intelligently exercise their discretion in terms of the Kerala Motor Vehicles Rules, in particular Rules 96, 103 and 261; whereas a contrary view was taken by another learned Single Judge in W.P.(C)No.8836 of 2007 decided on 23.5.2007 and it was observed that alteration in derogation of prototype test in terms of Rule 126 of the Central Motor Vehicles Rules cannot be approved. 21. Before the Division Bench, in W.P.(C)No.29946 of 2006, the unladen weight of the vehicle before alteration was 2315kg. and the same had been increased on alteration to 2715kg. Besides, there were changes in the measurement of the body, which resulted in declining the permission for registration. In W.P.(C)No.8836 of 2007, the length of the chassis of the vehicle as per prototype was 832.5cm. but after building the body it was found to have been extended to 885cm. and the same had been increased on alteration to 2715kg. Besides, there were changes in the measurement of the body, which resulted in declining the permission for registration. In W.P.(C)No.8836 of 2007, the length of the chassis of the vehicle as per prototype was 832.5cm. but after building the body it was found to have been extended to 885cm. W.P.(C)No.28702 of 2007 was for quashing Circular No.7/2006 and also the order passed on 3.7.2007 declining registration to a medium commercial vehicle, on the ground that the platform of the bus was extended by 37cms. and the body was having an extension of 39cms. from the extreme rear end of the chassis. W.P.(C)Nos.1323 of 2010 and 1468 of 2010 were filed with respect to the denial of registration by the Registering Authorities as the body built over the chassis extended by a length of 15 cms. beyond the chassis, which was not adhering to the specifications given by the manufacturer of the vehicle; W.P.(C)No.274 of 2012 was filed by the owner of the vehicle questioning the denial of registration in view of Rule 126 of the Central Motor Vehicles Rules and Circular No.7/2006; and W.P.(C)No.274 of 2012 was filed against the refusal to grant registration of a vehicle which was re-modelled as a 'recovery vehicle', altered in an unauthorised manner, by cutting the chassis of the vehicle by one feet at the rear end, which was not in conformity with the prototype test in terms of Rule 126 of the Central Motor Vehicles Rules. 22. The Division Bench of this Court, by a common judgment dated 19.11.2012 [which was under challenge before the Apex Court in K.Jayachandra's case (supra)] held that Rule 126 of the Central Motor Vehicles Rules mandates prototype of every motor vehicle being subjected to test and certification by the authorities prescribed therein. But, it does not, for a moment, lead to an inference that the body has to be constructed only within the contours of the measurements given in the Prototype Test Certification. If such a view is taken, it would render otiose Rule 93 of the Central Motor Vehicles Rules, which prescribes the overall dimensions of the motor vehicles. Rule 93 prescribes the permissible limits of length, breadth and overhang. Such dimensions are prescribed with reference to the axis of the motor vehicle from which the measurements are to be taken. If such a view is taken, it would render otiose Rule 93 of the Central Motor Vehicles Rules, which prescribes the overall dimensions of the motor vehicles. Rule 93 prescribes the permissible limits of length, breadth and overhang. Such dimensions are prescribed with reference to the axis of the motor vehicle from which the measurements are to be taken. Section 52 of the Motor Vehicles Act also provides for alteration with respect to motor vehicles, however, with due approval by the registering authority. Rule 96 of the Kerala Motor Vehicles Rules provides for inspection of vehicle prior to registration; Rule 103 provides for recording such alteration; and Rule 261 provides for body construction on a chassis having approved prototype. Rule 96, by its proviso, provides that in the case of any vehicle, the body of which is not factory built or in a pattern previously approved by the registering authority; when presented for registration, the inspecting authority shall prepare and issue a measurement certificate in Form MC. Such measurement certificate shall also be forwarded to the registering authority. This necessarily involves a consideration by the registering authority as to the road-worthiness and safety of the vehicle and it cannot be a mechanical exercise where it is only verified as to whether the measurements conform to the Prototype Test Certificate. The Division Bench noticed that, while Part-I of Form 22A is to be issued by the manufacturer, Part-II is to be issued by the body builder. What is contemplated is that the body can be built on a chassis in compliance with the provisions of the MV Act and the Rules framed thereunder and the safety of such vehicle and its road-worthiness, to be driven with such body built on the chassis, has to be assessed in conformity with the provisions of the Motor Vehicles Act and the Rules by the registering authority. Any specification issued by the State or Regional Transport Authorities also has to be looked into. The registering authority cannot abdicate itself of such authority, which is coupled with a duty to the public at large; relying on the Prototype Test Certification granted under Rule 126 of the Central Motor Vehicles Rules. 23. Any specification issued by the State or Regional Transport Authorities also has to be looked into. The registering authority cannot abdicate itself of such authority, which is coupled with a duty to the public at large; relying on the Prototype Test Certification granted under Rule 126 of the Central Motor Vehicles Rules. 23. However, in K.Jayachandra's case (supra) the Apex Court held that, the very object of the amendment of -sub-section (1) of Section 52 of the Motor Vehicles Act, 1988 by the Motor Vehicles (Amendment) Act, 2000 is to prohibit alteration of a vehicle as provided including the change of tyres of higher capacity. The amended sub-section (1) of Section 52 has specified the extent to which vehicle cannot be altered. A reading of the provisions makes it clear that no vehicle can be altered in a manner where particulars in the certificate of registration are at variance with those 'originally specified by the manufacturer'. The first proviso to sub-section (1) of Section 52 permits modification of the engine, or any part thereof, of a vehicle for facilitating its operation by a different type of fuel or source of energy including battery, etc., such modification is permissible to be carried out subject to such conditions as may be prescribed. The second proviso to sub-section (1) of Section 52 empowers the Central Government to prescribe specifications, conditions for approval, retro-fitment and other related matters for such conversion kits. The Central Government has power to grant an exemption for alteration of vehicles for any specific purpose. Sub-section (2) of Section 52 authorises a State Government to issue a notification and permit any person owning not less than 10 transport vehicles to alter any vehicle owned by him so as to replace the 'engine' with an engine of the same make and type, without the approval of the Registering Authority. Sub-section (3) of Section 52 provides that where the alteration has been made without the approval of the Registering Authority, obviously the one which is permissible in the motor vehicle, the owner of the vehicle has to report the same within 14 days to make an entry in the particulars of the registration. The provisions of sub-sections (2) to (5) have to be read harmoniously. The Explanation to Section 52 says that 'alteration' means a change in the structure of a vehicle which results in a change in its basic feature. The provisions of sub-sections (2) to (5) have to be read harmoniously. The Explanation to Section 52 says that 'alteration' means a change in the structure of a vehicle which results in a change in its basic feature. The alterations which do not change the basic features are outside the purview of alteration. The object and the clear intent of the amended Section 52 is that the vehicle cannot be so altered that the particulars contained in the certificate of registration are at variance with those 'originally specified by the manufacturer'. 24. In K.Jayachandra's case (supra), after referring to the provisions under clause (a) of sub-rule (1) of Rule 47 of the Central Motor Vehicles Rules, which deals with sale certificate to be issued in Form 21 and Rule 48 of the said Rules, which deals with certificate of registration, the Apex Court held further that, the vehicle has to comply with the provisions of the Rules contained in Chapter V of the Central Motor Vehicles Rules as provided in sub-rule (1) of Rule 92, which has to be read as subservient to the provisions contained in Section 52 of the Motor Vehicles Act and what is prohibited therein, to allow the same is not the intendment of the Rules contained in the Chapter. Various provisions in Chapter V are additional safeguards to what is prohibited in sub-section (1) of Section 52 of the Act, that is to say, what has been specified originally by the manufacturers and once that has been entered in the particulars in the certificate of registration, cannot be varied. No vehicle can be altered so as to change original specification made by manufacturer. Such particulars cannot be altered which have been specified by the manufacturer for the purpose of entry in the certificate of registration. It is provided in Rule 126 of the Central Motor Vehicles Rules that prototype of every type of vehicle is subject to test. The provisions of Rule 126 intend for fitness of vehicle to be plied on the road by the agencies which are specified therein. Approval and certification of motor vehicles for compliance to these Rules shall be in accordance with the AIS: 017-2000. Rule 93 deals with overall dimensions of the motor vehicles such as width, length, height, overhang, etc. The provisions of Rule 126 intend for fitness of vehicle to be plied on the road by the agencies which are specified therein. Approval and certification of motor vehicles for compliance to these Rules shall be in accordance with the AIS: 017-2000. Rule 93 deals with overall dimensions of the motor vehicles such as width, length, height, overhang, etc. No doubt about it that the vehicle has to be in conformity with the Rules also, but Rules cannot be so interpreted so as to permit the alteration as prohibited under sub-section (1) of Section 52 of the Act. The alteration under the Rules is permissible except as prohibited by Section 52. The specification of the Rules would hold good with respect to the matters as not specifically covered under sub-section (1) of Section 52 and not specified therein by manufacturer. The emphasis of sub-section (1) of Section 52 is not to vary the 'original specifications by the manufacturer'. Remaining particulars in a certificate of registration can be modified and changed and can be noted in the certificate of registration as provided in sub-sections (2) to (5) of Section 52 of the Act and the Rules. Under sub-section (5) of Section 52 of the Act, in case a person is holding a vehicle on a hire purchase agreement, he shall not make any alteration except with the written consent of the original owner. Accordingly, the Apex Court set aside the judgment of the Division Bench of this Court holding that, the Rules are subservient to the provisions of the Act and the particulars in certificate of registration can also be changed except to the extent of the entries made in the same as per the specifications originally made by the manufacturer. Circular No.7/2006 is also to be read in that spirit and the authorities have to act accordingly. 25. In Avishek Goenka v. Union of India [ (2012) 5 SCC 321 ], after referring to the provisions under Rules 100, 104, 104A, 106, 119 and 120 of the Central Motor Vehicles Rules, the Apex Court held that the Rules deal with every minute detail of construction and maintenance of a vehicle. In other words, the standards, sizes and specifications which the manufacturer of a vehicle is required to adhere to while manufacturing the vehicle are exhaustively dealt with under the Rules. In other words, the standards, sizes and specifications which the manufacturer of a vehicle is required to adhere to while manufacturing the vehicle are exhaustively dealt with under the Rules. What is permitted has been specifically provided for and what has not been specifically stated would obviously be deemed to have been excluded from these Rules. It would neither be permissible nor possible for the court to read into these statutory provisions, what is not specifically provided for. The provisions of the Central Motor Vehicles Rules demonstrate the extent of minuteness in the Rules and the efforts of the framers to ensure, not only the appropriate manner of construction and maintenance of vehicle, but also the safety of other users of the road. The Apex Court held further that, the legislative intent attaching due significance to the 'public safety' is evident from the object and reasons of the MV Act, 1988, the provisions of the said Act and more particularly, the rules framed thereunder. 26. In K.Jayachandra's case (supra), after referring to the law laid down in Avishek Goenka's case (supra), the Apex Court held that the court should give an interpretation of the Central Motor Vehicles Rules which would serve the legislative intent and the object of framing such Rules, in preference to the one which would defeat the very purpose of enacting the Rules as well as undermining the public safety and interest. The Rules deal in minute details with the construction and maintenance of the vehicle. The Rules also deal with the safety of other users on the road. If some individual interest is likely to suffer, such individual interest must give way to the larger public interest. 27. In view of the law laid down by the Apex Court in -K.Jayachandra's case (supra) no alteration is permissible in a motor vehicle at variance with the specifications of the manufacturer, as contained in the Prototype Test Certification. The very object of the amendment of sub-section (1) of Section 52 of the Motor Vehicles Act, 1988 by the Motor Vehicles (Amendment) Act, 2000 is to prohibit alteration of a vehicle as provided including the change of tyres of higher capacity. The amended sub-section (1) of Section 52 has specified the extent to which vehicle cannot be altered. The emphasis of sub-section (1) of Section 52 is not to vary the 'original specifications by the manufacturer'. The amended sub-section (1) of Section 52 has specified the extent to which vehicle cannot be altered. The emphasis of sub-section (1) of Section 52 is not to vary the 'original specifications by the manufacturer'. Remaining particulars in a certificate of registration can be modified and changed and can be noted in the certificate of registration as provided in sub-sections (2) to (5) of Section 52 of the Act and the Rules. The object and the clear intent of the amended Section 52 is that the vehicle cannot be so altered that the particulars contained in the certificate of registration are at variance with those 'originally specified by the manufacturer'. The first proviso to sub-section (1) of Section 52 permits modification of the engine, or any part thereof, of a vehicle for facilitating its operation by a different type of fuel or source of energy including battery, etc., such modification is permissible to be carried out subject to such conditions as may be prescribed. 28. The Ministry of Road Transport and Highways, has issued communication No.RT-11036/06/2019-MVL dated 28.02.2019, addressed to the Principal Secretaries/ Secretaries, Department of Transport of all States and Union Territory Administrations and also to the Transport Commissioners of all the States/Union Territory Administrations on the subject 'alterations in motor vehicles', wherein it has been stated that, in view of the judgment of the Apex Court in K.Jayachandra's case (supra), the particulars in the Certificate of Registration cannot be changed except to the extent of entries made in the same as per the specifications originally made by the manufacturer. A motor vehicle, modified by incorporating optional components offered by its manufacturer or otherwise modified so that it continues to comply with the manufacturer's specifications, may not require further certification. In the said communication, the Ministry has prescribed that the modifications that can be carried out by the vehicle owner and would not entail further certifications are: (a) Replacement of parts or components by the identical parts or components. (b) Replacement parts or components with parts or components with equivalent functional performance. (c) Optional parts or components as prescribed by the vehicle's manufacturer. (d) Following alterations are permissible in the motor vehicles, subject to the conditions mentioned below: Sr. No. Changes of parameter Subject to compliance of the following 1 Seats A. Lateral/Side facing seat fitment or alteration in 4 Wheelers B. Deletion of seats* 1. (c) Optional parts or components as prescribed by the vehicle's manufacturer. (d) Following alterations are permissible in the motor vehicles, subject to the conditions mentioned below: Sr. No. Changes of parameter Subject to compliance of the following 1 Seats A. Lateral/Side facing seat fitment or alteration in 4 Wheelers B. Deletion of seats* 1. Vehicle Weight after the alteration/changes not to exceed the permissible Gross Vehicle Weight. 2. Seating capacity to remain within the same motor vehicle category. 3. Seating dimensions as per prescribed specifications. 4. Seats fitted should not obstruct other occupant(s). 5. Folding seats, if fitted, should have auto lock in both used /unused position. 6. Such seats shall be fitted in rows other than 1st row of the driver. 7. Such fitments shall not obstruct ingress and egress. 2 Soft Top to Hard Top or vice versa in L-5 and M-1 vehicles (L-5 means three-wheeled motor vehicle, and M-1 means a motor vehicle for carriage of passengers, comprising not more than eight seats in addition to driver's seat.) 3 Side door or bars in passenger area of L5M on right hand side of driver. [(L5-M three wheeled passenger carrier (Auto-Rickshaw)] * No reduction in State / Centre Tax Subject to above, the vehicle owner is not required to get the permissible alterations, as mentioned above, recorded in the certification of registration. The Ministry of Road Transport and Highways has made clear in the communication dated 28.02.2019 that, the States may take necessary action against other unauthorised modification on the motor vehicles. 29. In the instant case, the vehicle covered by Ext.P1 sale certificate is 'TATA LPT 909 EX2/38WB BS-IV Cab Chassis' manufactured by M/s.TATA Motors. As per Ext.P1 sale certificate and Ext.P2 vehicle data sheet the 'class of vehicle' is 'MGV -Goods Carrier Truck', and the 'type of body' is 'Cab Chassis'. As evident from Ext.P5 photograph and also the photographs placed on record as Ext.2 along with the inspection report dated 24.05.2019, the petitioner's vehicle has been fabricated with bus-like body on the chassis with collapsible door shutter in the middle of left side body, after removing the already type approved 'cab' attached to the chassis. A generator has been mounted inside a separate cabin at rear overhang, with the exhaust pipe of the generator connected to the roof at the right rear-end, pointing to the rear side. 30. A generator has been mounted inside a separate cabin at rear overhang, with the exhaust pipe of the generator connected to the roof at the right rear-end, pointing to the rear side. 30. As per the prototype approval granted by ARAI on 24.09.2014, a copy of which is placed on record as Ext.3 along with the said inspection report, for the base model 'LPT 909 EX2/38WB BS-IV' and its variants, the type/description of the variant 'LPT 909 EX2/38WB BS-IV' (Sl.No.7 in the list of variants) is 'Full Forward Control Truck Chassis with Cab and without Load-body - Fitment of PTO optional'. In the prototype approval, ARAI has certified that the base model and the variants comply with the provisions of the Central Motor Vehicles Rules, 1989 as amended up-to-date, including the requirements as detailed at Annexure-I, IA and IB. In the process of prototype approval, ARAI has certified in Annexure-I that tyres (size & ply rating); brakes; steering gear; safety glass; windscreen wiper; signalling devices, direction indicators & stop lights; position of the indicators; fitment of reflectors; lamps; deflection of lights; horns; rear view mirror; safety belt, seats & their anchorages, head restraints; warning triangle; etc. in the base model and the variants are complying with the relevant provisions of the Central Motor Vehicles Rules and also the relevant AIS/IS standards. ARAI has certified in Annexure-IA the compliance verification of automobile lamps; hydraulic brake hose; accelerator control system; door lock & door retention components; etc. and Annexure-IB specifies the test standards for various components, with reference to the relevant AIS/IS standards. 31. As evident from the photographs of the petitioner's vehicle, which are placed on record, and also the inspection report dated 24.05.2019 of the Motor Vehicle Inspector, Regional Transport Office, Ernakulam, the vehicle has been fabricated with bus-like body on the chassis with collapsible door shutter in the middle of left side body, after removing the already type approved 'cab' (driver cabin) attached to the chassis. By removing driver cabin, the brake system, steering system and electrical system are tampered with and altered in violation of sub-section (1) Section 52 of the Motor Vehicles Act. Brake valves, gauges, pedal assemblies, which were mounted in the driver cabin are removed and fitted on the fabricated body by the additional 2nd respondent body builder. Steering column, its angle and position and supporting brackets are altered. Brake valves, gauges, pedal assemblies, which were mounted in the driver cabin are removed and fitted on the fabricated body by the additional 2nd respondent body builder. Steering column, its angle and position and supporting brackets are altered. The entire electrical system of the vehicle is tampered with. The seating position, visibility, maneuverability, etc. are also altered by removal of driver cabin. After fabrication of bus-like body on the chassis (after removing the driver cabin attached to the chassis) there is increase in the overall length, width, height and front overhang of the vehicle. The overall width is increased to 2350 mm, as against 2170 mm in the type approval. The front overhang is increased to 1750 mm, as against 1271 mm in the type approval. The windscreen, front doors, headlights, direction indicators, reflectors, reflective tapes, etc. as per the type approval have been altered and even the position of the headlights and direction indicators has been changed, which is event from the picture of 'TATA LPT 909 EX2/38WB BS-IV Cab Chassis' placed on record as Ext.2 along with the inspection report dated 24.05.2019 and the photographs of the altered vehicle placed on record as Ext.1. 32. Chapter VII of the Motor Vehicles Act deals with construction, equipment and maintenance of motor vehicles. Section 109 of the Act deals with general provision regarding construction and maintenance of vehicles and Section 110 deals with power of Central Government to make rules. As per sub-section (1) of Section 110, the Central Government may make rules regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all or any of the matters enumerated in clauses (a) to (p) of subsection (1). As per clause (e) of sub-section (1), the Central Government may make rules in respect to signalling appliances, lamps and reflectors. Section 111 deals with power of State Government to make rules. As per sub-section (1) of Section 111, a State Government may make rules regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all matters other than the matters specified in sub-section (1) of Section 110. Section 190 of the Motor Vehicles Act deals with using vehicle in unsafe condition. As per sub-section (1) of Section 111, a State Government may make rules regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all matters other than the matters specified in sub-section (1) of Section 110. Section 190 of the Motor Vehicles Act deals with using vehicle in unsafe condition. As per sub-section (2) of Section 190, any person who drives or causes or allows to be driven, in any public place a motor vehicle, which violates the standards prescribed in relation to road safety, control of noise and air-pollution, shall be punishable for the first offence with a fine of one thousand rupees and for any second or subsequent offence with a fine of two thousand rupees. 33. Chapter V of the Central Motor Vehicles Rules deals with construction, equipment and maintenance of motor vehicles. As per sub-rule (1) of Rule 92, no person shall use or cause or allow to be used in any public place any motor vehicle which does not comply with the provisions of Chapter V. As per the proviso to sub-rule (1), nothing contained in Rule 92 shall apply to vehicles manufactured prior to the coming into force of the Central Motor Vehicles (Amendment) Rules, 1993. As per sub-rule (2), nothing in Rule 92 shall apply to a motor vehicle enumerated in clauses (a) to (c). 34. Rule 102 of the Central Motor Vehicles Rules deals with signalling devices, direction indicator and stop lights. As per sub-rule (1) of Rule 102, the signal to turn to the right or to the left shall be given by electrically operated direction indicator lamps on all motor vehicles including construction equipment vehicles and combined harvester, and such construction equipment vehicles and combined harvester be fitted and maintained so that conditions enumerated in clauses (i) to (iii) of sub-rule (1) are met, i.e., (i) the direction indicator lamps shall be of amber colour which is illuminated to indicate the intention to turn, by a light flashing at the rate of not less than 60 and not more than 120 flashes per minute; (ii) the light emitted by the lamp when in operation shall be clearly visible from both front and rear of the vehicle; and (iii) the minimum illuminated area of each direction indicator shall be 60 square centimeters. As per the proviso to sub-rule (1) of Rule 102, nothing contained in this sub-rule shall apply to L1 category of motor cycles. As per sub-rule (2) of Rule 102, on all vehicles other than motor cycles, the intention to stop the vehicle (other than construction equipment vehicle having hydrostatic brakes) shall be indicated by two electrical stop lamps which shall be red in colour and shall be fitted one on each left and right-hand sides at the rear of the vehicle. The stop lamps shall light up on the actuation of the service brake control. In the case of motor cycle, the intention to stop the vehicle shall be indicated by one stop lamp at the rear which shall light up on the actuation of the control operating the brakes on the rear wheels. 35. Rule 103 of the Central Motor Vehicles Rules deals with position of the indicator and Rule 104 deals with fitment of reflectors. Rule 105 of the Central Motor Vehicles Rules deals with lamps. As per sub-rule (1) of Rule 105, save as provided in the said rule, every motor vehicle, while being driven in public place during the period half an hour after sunset and at any time when there is no sufficient light, shall be lit with the lamps enumerated in clauses (a) to (d) of sub-rule (1), which shall render clearly discernible persons and vehicles on the road at a distance of one hundred and fifty five metres ahead. As per clause (a) of sub-rule (1) of Rule 105, a motor vehicle other than three-wheelers, three-wheeled invalid carriages and motorcycles shall have two or four head lamps. As per clause (i) of sub-rule (2), every motor vehicle other than a three-wheeler shall carry two rear lamps showing to the rear a red light visible in the rear from a distance of one hundred and fifty five metres; and as per clause (ii) lamp, which may be the rear lamp or some other device, illuminating with a white light the whole of the registration mark exhibited on the rear of the vehicle, so as to render it legible from a distance of fifteen metres to the rear. Sub-rule (3) of Rule 105 specifies the power and height of front head lamps of a motor vehicle. Sub-rule (3) of Rule 105 specifies the power and height of front head lamps of a motor vehicle. As per sub-rule (4), the rear lamp shall be fixed either on the centre line of the vehicle or to the right hand side, and save in the case of transport vehicle, at a height of not exceeding one metre above the ground. As per sub-rule (5), in the case of a transport vehicle, the rear light may be fixed at such level as may be necessary to illuminate the registration mark. 36. Rule 106 of the Central Motor Vehicles Rules provides for deflection of lights. Sub-rule (1) of Rule 106 provides that, no head lamp showing a light to the front shall be used on any motor vehicle including agricultural tractor and construction equipment vehicle and combine harvester (whether fitted with single or dual head lamp) unless such vehicle is so constructed, fitted and maintained that the beam of light emitted therefrom meet the requirements of the respective safety standards notified under Rules 124 and 124A. 37. Rule 109 of the Central Motor Vehicles Rules deals with parking lights. As per Rule 109, every construction equipment vehicle, combine harvester and every motor vehicle other than motor cycles and three-wheeled invalid carriages shall be provided with one white or amber parking light on each side in the front. In addition to the front lights, two red parking lights one on each side in the rear shall be provided. The front and rear parking lights shall remain lit even when the vehicle is kept stationary on the road. As per the first proviso to Rule 109, these rear lamps can be the same as the rear lamps referred to in sub-rule (2) of Rule 105. As per the second proviso to Rule 109, construction equipment vehicles and combine harvesters, which are installed with flood light lamps or spot lights at the front, rear or side of the vehicle for their off-highway or construction operations, shall have separate control for such lamps or lights and these lights shall be permanently switched off when the vehicle is traveling on the road. Rule 111 of the Central Motor Vehicles Rules, which deals with prohibition of spot lights, etc., provides that no spot light or search light shall be carried on the front of any vehicle except in exceptional circumstances with the prior approval of the registering authority. 38. In Jijith and others v. State of Kerala and others [ 2019 (1) KHC 463 ], after referring to the provisions under Rule 102 to Rule 111 of the CMV Rules, this Court held that a motor vehicle shall be fitted with only the signalling devices, reflectors and lamps as specified thereunder. The number, position, colour and specifications of the lamps, direction indicators and reflectors are dealt with in detail in those provisions. As per the mandate of Rule 102 to Rule 111 of the CMV Rules, the lamps, direction indicators and reflectors fitted on a motor vehicle has to be maintained as specified thereunder, failing which it cannot be said that such vehicle complies with the provisions of the MV Act and the rules made thereunder. 39. Rule 124 of the Central Motor Vehicles Rules deals with safety standards of components. As per sub-rule (1) of Rule 124, the Central Government may, from time to time, specify, by notification in the Official Gazette, the standards or the relevant standards specified by the Bureau of Indian Standards of any part, component or assembly to be used in the manufacture of a vehicle including construction equipment vehicle and the date from which such parts, components or assemblies are to be used in the manufacture of such vehicle and on publication of such notification every manufacturer shall use only such of these parts, components or assemblies in manufacture of the vehicle. As per sub-rule (2) of Rule 124, every manufacturer shall get the prototype of the part, component or sub-assembly for which standards have been notified, approved from any agency as referred to in Rule 126 and in the case of tyre and rubber components from the Indian Rubber Manufacturers Research Association, Thane, or in the case of compliance with notified Indian Standards from laboratory duly authorised by the Bureau of Indian Standards. On the basis of such approval, every manufacturer shall also certify compliance with the provisions of this rule in Form 22. On the basis of such approval, every manufacturer shall also certify compliance with the provisions of this rule in Form 22. As per sub-rule (4) of Rule 124, the procedure for type approval and establishing conformity of production for components listed in the Table to sub-rule (4), shall be in accordance with AIS:037 -2004 till the corresponding BIS specifications are notified under the Bureau of Indian Standards Act, 1986. 40. Rule 125B of the Central Motor Vehicles Rules deals with special requirement of transport vehicles that are driven on hills. As per sub-rule (1) of Rule 125B, on and from the 1st day of October 2006, such four wheeled transport vehicles as may be notified by the State Governments in the Official Gazette plying on such routes or areas on hilly terrains shall be fitted with fog lamp, power steering, defrosting and demisting system and that, the State Government would provide a lead time of six months for this purpose. 41. As per the mandate of sub-rule (1) of Rule 249 of the Kerala Motor Vehicles Rules, 1989 no person shall use and no person shall cause or allow to be used or to be in any public place any motor vehicle which does not comply with the rules contained in Chapter VII of the Kerala Motor Vehicles Rules or with any order thereunder made by the competent authority. As per sub-rule (1) of Rule 360, the driver of a motor vehicle shall at all times when the lights of the motor vehicle are in use so manipulate them that danger or undue inconvenience is not caused to any person by dazzling. As per sub-rule (2) of Rule 360, save when left within twenty-three metres of the nearest lighted lamp or the side of a public road having a system of lighting by electric lamps no person shall keep stationary any motor vehicle without exhibiting the parking lights thereon within the hours during which lights are otherwise required under these rules. 42. The Motor Vehicles (Driving) Regulations, 2017 made by the Central Government, in exercise of the power conferred by Section 118 of the Motor Vehicles Act, and in supersession of the Rules of the Road Regulations, 1989, was notified vide G.S.R.634(E) dated 23.06.2017. 42. The Motor Vehicles (Driving) Regulations, 2017 made by the Central Government, in exercise of the power conferred by Section 118 of the Motor Vehicles Act, and in supersession of the Rules of the Road Regulations, 1989, was notified vide G.S.R.634(E) dated 23.06.2017. Regulation 3, which deals with duty towards other road users and general public, provides that no vehicle shall be driven, stopped or parked on a road or in a public place in such a manner as is likely to endanger the safety of or cause inconvenience to other road users. Regulation 5 deals with duties of drivers and riders. As per sub-regulation (4) of Regulation 5, the driver and the riders shall take special care and precautions to ensure the safety of the most vulnerable road users such as pedestrians, cyclists, children, the elderly and the differently abled persons. 43. As per sub-regulation (5) of Regulation 5 of the Motor Vehicles (Driving) Regulations, the driver shall ensure that his vehicle, while moving or when stationary, does not cause any hindrance or undue inconvenience to other road users or to the occupants of any properties. As per sub-regulation (14) of Regulation 5, the driver shall not, in any public place, drive a vehicle which, to his knowledge, has a defect, or which he could have discovered by exercising ordinary care, and on account of which defect the driving of the vehicle is likely to cause undue danger to the safety of the occupants of the vehicles or other road users. As per sub-regulation (15) of Regulation 5, if a technical defect is discovered in a vehicle while it is being driven, the driver shall take the vehicle off the road in the quickest possible manner. 44. Regulation 31 of the Motor Vehicles (Driving) Regulations deals with vehicles lighting. As per sub-regulation (1) of Regulation 31, the driver shall use the specified lighting devices at nightfall and at dawn and at other times when visibility is poor. As per sub-regulation (2), the lighting devices of a vehicle shall at all times be kept in good working condition and no lighting device shall be obscured by any object or dirt. As per sub-regulation (1) of Regulation 31, the driver shall use the specified lighting devices at nightfall and at dawn and at other times when visibility is poor. As per sub-regulation (2), the lighting devices of a vehicle shall at all times be kept in good working condition and no lighting device shall be obscured by any object or dirt. As per sub-regulation (3), no driver shall drive the vehicle with parking lights only, unless so directed by a police officer in uniform or any other authorised person; and use high beam inappropriately or for long duration or on well-lit roads. As per sub-regulation (4), high beam shall be dipped in good time on the approach of an oncoming vehicle or when driving close behind another vehicle. As per sub-regulation (5), the driver shall switch on the fog light headlamps only when visibility is considerably affected due to fog, dust, storm, rain or snow and only with dipped head lamps. 45. In Writ Petition (C) No.295 of 2012 filed under Article 32 of the Constitution of India, by a public-spirited citizen, seeking enforcement of road safety norms and appropriate treatment of accident victims, the Apex Court constituted a 'Committee on Road Safety', vide its order dated 22.04.2014, and notified by the Ministry of Road Transport and Highways, Government of India, on 30.05.2014. In the said writ petition the Apex Court delivered a judgment dated 30.11.2017 -S.Rajaseekaran v. Union of India [(2018) 13 SCC 532]. In the said decision, the Apex Court observed that all States and Union Territories are expected to implement the Road Safety Policy with all due earnestness and seriousness. The responsibility and functions of the Road Safety Council constituted in terms of Section 215 of the MV Act will be as recommended by the Committee on Road Safety constituted as per the order dated 22.04.2014 and Road Safety Councils should periodically review the laws and take appropriate remedial steps whenever necessary. In paragraph 94.13 of the said decision, in the context of Lane Driving, the Apex Court held that the Ministry of Road Transport and Highways has already issued the Motor Vehicles (Driving) Regulations, 2017, vide G.S.R.634 (E) dated 23.06.2017, which should be implemented by the State Governments and Union Territories strictly. Paragraphs 94.1 to 94.25 of the said decision contains various directions issued by the Apex Court. Paragraphs 94.1 to 94.25 of the said decision contains various directions issued by the Apex Court. In paragraph 95, the Apex Court has made it clear that, if there is any doubt or clarity is required in implementing those directions, the State Government or Union Territory concerned is at liberty to move the Committee on Road Safety. 46. In Saji K.M. v. Deputy Transport Commissioner, Thrissur and others [ 2019 (3) KHC 836 ] this Court held that, in view of the provisions under Rules 102 to 111 of the Central Motor Vehicles Rules, 1989, Rules 249 and 360 of the Kerala Motor Vehicles Rules, 1989, the provisions under the Motor Vehicles (Driving) Regulations, 2017 and also the law laid down by the Apex Court in Avishek Goenka [ (2012) 5 SCC 321 ] and S.Rajaseekaran [(2018) 13 SCC 532], every motor vehicle shall be fitted with signalling devices, direction indicators, reflectors, reflective tapes, lamps, parking lights, etc. as per the mandate of the provisions under the Central Motor Vehicles Rules and such signalling devices, direction indicators, reflectors, reflective tapes, lamps, parking lights, etc. have to be maintained as such. As per the mandate of Rule 124 of the Central Motor Vehicles Rules, every manufacturer shall get the prototype of the part, component or sub-assembly used in the manufacture of a vehicle, for which standards have been notified, approved from any agency referred to in Rule 126. Therefore, the signalling devices, direction indicators, reflectors, lamps, parking lights, etc. fitted on a motor vehicle by the manufacturer, after obtaining prototype approval for those parts under Rule 124 of the Central Motor Vehicles Rules, have to be maintained as such. 47. In Saji's case (supra) this Court held that, as held by the Apex Court in Avishek Goenka [ (2012) 5 SCC 321 ] the provisions of the Central Motor Vehicles Rules demonstrate the extent of minuteness in the Rules and the efforts of the framers to ensure, not only the appropriate manner of construction and maintenance of vehicle, but also the safety of other users of the road. What is permitted has been specifically provided for and what has not been specifically stated would obviously be deemed to have been excluded from the Central Motor Vehicles Rules. What is permitted has been specifically provided for and what has not been specifically stated would obviously be deemed to have been excluded from the Central Motor Vehicles Rules. Therefore, no motor vehicle can be fitted with any lights or lighting device other than those specifically provided under the provisions of the Central Motor Vehicles Rules. As per the mandate of sub-rule (1) of Rule 360 of the Kerala Motor Vehicles Rules, the driver of a motor vehicle shall at all times when the lights of the motor vehicle are in use so manipulate them that danger or undue inconvenience is not caused to any person by dazzling. Therefore, use of LED bar lights, LED flexible strip lights, after-market (Non-OEM) halogen driving lamps, etc. on a motor vehicle is legally impermissible. 48. In the instant case, as evident from the photographs and also the inspection report dated 24.05.2019 of the Motor Vehicle Inspector, the petitioner's vehicle has been fabricated with a bus-like body on the chassis, after removing the already type approved 'cab' (driver cabin) attached to the chassis. The windscreen, front doors, headlights, direction indicators, reflectors, reflective tapes, etc. as per the type approval have been altered and even the position of the headlights and direction indicators has been changed, which is event from the picture of 'TATA LPT 909 EX2/38WB BS-IV CAB CHASSIS' placed on record as Ext.2 along with the inspection report dated 24.05.2019. By removing the driver cabin, the brake system, steering system and electrical system are tampered with and altered in violation of sub-section (1) Section 52 of the Motor Vehicles Act. Brake valves, gauges, pedal assemblies, which were mounted in the driver cabin are removed and fitted on the body fabricated by the additional 2nd respondent body builder. Steering column, its angle and position and supporting brackets are altered. The entire electrical system of the vehicle is tampered with. The seating position, visibility, maneuverability, etc. are also altered by the removal of driver cabin. After the fabrication of bus-like body on the chassis (after removing the driver cabin attached to the chassis) there is increase in the overall length, width, height and front overhang of the vehicle. 49. The entire electrical system of the vehicle is tampered with. The seating position, visibility, maneuverability, etc. are also altered by the removal of driver cabin. After the fabrication of bus-like body on the chassis (after removing the driver cabin attached to the chassis) there is increase in the overall length, width, height and front overhang of the vehicle. 49. In view of the provisions under Section 52 of the Motor Vehicles Act, 1988 as amended by the Motor Vehicles (Amendment) Act, 2000; the law laid down by the Apex Court in K.Jayachandra's case (supra); and also the clarification issued by the Ministry of Road Transport and Highways in its communication dated 28.02.2019, any alteration or modification to the already type approved 'cab' (driver cabin) or the vehicle systems and components, e.g., chassis, suspension, brake system, steering system, electrical system, fuel system, engine, etc. is legally impermissible. 50. The vehicle purchased by the petitioner is a 'cab and chassis' of 'TATA LPT 909 EX2/38WB', which is a Medium Goods Vehicle under 'Category N-2' with 'Gross Vehicle Weight' (GVW) of 9,600kg. Clause (q) of Rule 2 of the Central Motor Vehicles Rules define 'Category N-2' to mean a motor vehicle used for carriage of goods and having a Gross Vehicle Weight exceeding 3.5 tonnes but not exceeding 12 tonnes. 51. Rule 125C of the Central Motor Vehicles Rules, 1989 deals with body building and approval. As per sub-rule (3) of Rule 125C, all goods vehicles of Category N-2 and Category N-3, either manufactured by a vehicle manufacturer or a body builder on a drive away chassis of vehicles shall, till the corresponding BIS specifications are notified under the Bureau of Indian Standards Act, 1986 comply with the provisions of AIS-093 (Rev.1), as specified in Table 1 and Table II below sub-rule (3). Table I contains test parameters for 'cab' (driver cabin) and Table II contains test parameters for 'load body'. Table I contains test parameters for 'cab' (driver cabin) and Table II contains test parameters for 'load body'. Para.1.1.2 of AIS-093 specifies the types of truck bodies as High Side Deck Body (HSD); Low Side Deck Body (LSD); Fixed Side Deck or Half Body (FSD); Drop Side Deck Body (DSD); Flat Bed or Fully Open Body (FB); Closed Body (CLB); Aluminium Container (ALC); Steel Container (SC); and Special Purpose Body (SPB) including Tippers & Dump Trucks, Reefer Van (closed container with refrigerant unit), Tanker (closed Tanker for any non-hazardous goods like, Water, Molasses, etc.), Bulker (closed Tanker for Cement Carrier, Fire Attender, Sky-Lift, Concrete Mixers, Garbage Compactor, Hook Carrier, Tree Transplanter, Troop carrier. 52. Para.1.2.2 of AIS-093 (Rev.1) deals with 'chassis'. As per Para.1.2.2.1., 'drive away chassis vehicle' means the basic operating motor vehicle including engine, frame, and other essential structural and mechanical parts, but exclusive of cab and body or body and all appurtenances for the accommodation of driver, property or passengers, appliances, or equipment related to other than control. As per Para.1.2.2.4., 'cab and chassis' means an incomplete vehicle, with a completed occupant compartment, that requires only the addition of cargo carrying and load bearing components to perform its intended functions. As per Para.1.2.2.5., 'cowl and chassis' means an incomplete vehicle, with the fitment of a front end structure with or without the windshield, that requires the building of the complete cab and the cargo carrying or load bearing components to perform its intended functions. 53. The vehicle purchased by the petitioner is a 'cab and chassis' with a completed occupant compartment, i.e., driver cabin already type approved as per the test parameters contained in Table I below sub-rule (3) of Rule 125C of the Central Motor Vehicles Rules, i.e., as per the requirements of the specified clauses of AIS-093 (Rev.1). The said vehicle requires addition of cargo carrying or load bearing components to perform its intended functions, without violating the dimensions and the type approval. While adding cargo carrying or load bearing components, no alterations or modifications can be made to the already type approved 'cab' (driver cabin/occupant compartment) or to the vehicle systems and components, e.g., chassis, suspension, brake system, steering system, electrical system, fuel system, engine, etc. Any alterations or modifications of the windscreen, front doors, headlights, direction indicators, reflectors, reflective tapes, etc. of the type approved driver cabin of the vehicle is legally impermissible. Any alterations or modifications of the windscreen, front doors, headlights, direction indicators, reflectors, reflective tapes, etc. of the type approved driver cabin of the vehicle is legally impermissible. The position of the headlights, direction indicators, reflectors, reflective tapes, etc. cannot also be changed. 54. The petitioner has already been issued with Ext.R1(a) memo dated 25.05.2019 of the 1st respondent, whereby he has been directed not to put the vehicle on road and produce it before the Registering Authority as and when demanded. It is for the petitioner to submit explanations, if any, to Ext.R1(a) memo within two weeks from the date of receipt of a certified copy of this judgment and thereafter the said respondent shall take an appropriate decision as to the further course to be taken in the matter, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of such explanation. 55. For the reasons stated hereinbefore, the petitioner is not entitled for a writ of mandamus commanding the 1st respondent to consider and dispose of Ext.P4 application for registration of the vehicle covered by Ext.P1 sale certificate and register the same as 'Non-Transport Vehicle – Generator Van', as sought for in this writ petition. The writ petition fails and the same is accordingly dismissed. No order as to costs. 56. The learned counsel for the petitioner would submit that the petitioner shall restore the type approved 'cab' (driver cabin), the vehicle systems and components, and he shall add load body on the chassis without violating dimensions and the type approval, with prior approval of the 1st respondent. It is made clear that the dismissal of this writ petition will not stand in the way of the petitioner making any such request before the 1st respondent and the said respondent considering the same, strictly in accordance with law, taking note of the provisions under Section 52 of the Motor Vehicles Act, 1988 as amended by Motor Vehicles (Amendment) Act, 2000; the law laid down by the Apex Court in K.Jayachandra's case (supra); the clarification issued by the Ministry of Road Transport and Highways in its communication dated 28.02.2019; and also the law laid down in this judgment.