High Court of KeralaWP(C)/12181/2015disposed of

K.C.Ramachandran v. The Secretary, Regional Transort Authority

2015-04-10Honourable Mr.Justice K.Vinod Chandran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 10TH DAY OF APRIL 2015/20TH CHAITHRA, 1937 WP(C).No. 12181 of 2015 (W) ---------------------------- PETITIONER:

-------------------------- K.C.RAMACHANDRAN AGED 57 YEARS S/O. CHANDRASEKHARA MENON, NEDUMPILLY HOUSE, IRINGOLE P.O, PERUMBAVOOR BY ADV. SRI.P.DEEPAK RESPONDENT :

---------------------------- THE SECRETARY, REGIONAL TRANSORT AUTHORITY, MUVATTUPUZHA PIN 686 661 R BY GOVERNMENT PLEADER SRI. BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-042015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 12181 OF 2015 APPENDIX PETITIONERS EXHIBITS:

EXT.P1: TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF KL 17/F 644 EXT.P2: TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF KL 17/C 639 EXT.P3: TRUE COPY OF THE APPLICATION FOR REPLACEMENT DATED 8.4.2015 EXT.P4: TRUE COPY OF THE JUDGMENT IN WP(C) NO.10502 OF 2014 RESPONDENTS EXHIBITS: NIL TRUE COPY P.A TO JUDGE jma

K.VINOD CHANDRAN, J.

--------------------------------------- W.P.(C).No.12181 of 2015-W ---------------------------------------- Dated this the 10th day of April, 2015

J U D G M E N T

The petitioner is a stage carriage operator in the route Chundakuzhy-Perumbavoor. The permit was issued to his stage carriage bearing registration No.KL-17/F 644, which is valid till 02.11.2018. The petitioner obtained clearance certificate with respect to the above vehicle, retaining the permit under suspended animation. Thereafter the petitioner sought for replacement of the vehicle, by producing the current records of vehicle bearing registration No.KL-17/C 639, which was rejected by the respondent, by Exhibit P2. The reason stated for the rejection is that, the vehicle now offered is older than the one sought to be replaced.

2. This Court had considered the said issue in W.P.(C). No.3553 of 2013 dated 6.12.2013 and had held that though discretion is vested in the respondent under Rule 174(2) of the Kerala Motor

W.P.(C).No.12181 of 2015-W ::2::

Vehicles 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, the respondent shall reconsider Ext.P3 in accordance with law, without looking into the model, but only considering the viability of the said vehicle to operate on the route in question.

Writ Petition is disposed of as above.

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