High Court of KeralaWP(C)/2288/2015disposed of

Muhammed Ali M.P v. The Secretary, Regional Transport Authority, Kozhikode

2015-01-22Honourable Mr.Justice K.Vinod Chandran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 22ND DAY OF JANUARY 2015/2ND MAGHA, 1936 WP(C).No. 2288 of 2015 (I) --------------------------- PETITIONER :

---------------------- MUHAMMED ALI M.P., MELEPUNNOTH HOUSE, MAVOOR, KOZHIKODE.

BY ADV. SRI.I.DINESH MENON RESPONDENT :

-------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOZHIKODE-673 001 BY GOVERNMENT PLEADER SRI.R.RANJITH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).NO.2288/2015 APPENDIX PETITIONER'S EXHIBITS:

P1 COPY OF THE PERMIT ISSUED TO PETITIONER.

P2 COPY OF THE REPLACEMENT APPLICATION DATED 29/10/2014. P3 COPY OF THE JUDGMENT IN WP(C).NO.32895/2014 DATED 9/12/2014. RESPONDENT'S EXHIBITS:

NIL /TRUE COPY/ P.A.TO.JUDGE sts

K. VINOD CHANDRAN, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P(C) No. 2288 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of January, 2015

J U D G M E N T

The petitioner is a stage carriage operator in the route Peringalam-Kozhikode-Areekode. The permit was issued to his stage carriage bearing registration No.KL11 Y 576. He obtained clearance certificate with respect to the above vehicle and thereafter he sought for replacement of the vehicle by Ext.P2 by producing the records of stage carriage bearing registration No. KL-11 T 5659. However, the Secretary, RTA has declined consideration of the application for replacement and on the ground that the vehicle which is sought to be replaced is a lesser in model to that of the outgoing vehicle.

2. This Court had considered the said issue in W.P (C) No. 3553/2013 dated 06.12.2013 and had held that though discretion is vested in the respondent under Rule

WPC.No2288/15 : 2 :

174(2) of the Kerala Motor Vehicle Rules, 1989 to assess the merits and demerits of a vehicle, it cannot be extended to merely looking at the model or date of registration of the vehicle. In such circumstances, Ext.P2 shall be reconsidered in accordance with law, without looking into the model, but only considering the viability of the said vehicle to be operated on the route in question.

The writ petition is disposed of.

Sd/- (K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge