ISMAIL Vs. THE REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) The petitioner, who is the holder of Ext.P1 regular permit, which is valid till 26.02.2020, on the route Aluva-Thoppumpady in respect of stage carriage bearing Registration No.KL-17/C- 1300, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondents to consider Ext.P3 application dated 14.09.2018 for replacement of the aforesaid stage carriage with another one bearing registration No.KL-18/D-8199. As discernible from Ext.P3 application, the outgoing vehicle is a 2005 model with seating capacity of 39 in all and the incoming vehicle is a 2007 model with seating capacity of 38 in all. Though it is averred that the incoming vehicle is a later model vehicle, i.e., 2007 model with seating capacity of 38 in all, the certificate of registration or other particulars of the said vehicle is not placed on record in order to show that the petitioner seeks replacement with a later model vehicle.

(2.) Heard the learned counsel for the petitioner and also the learned Senior Government Pleader appearing for the respondents.

(3.) Section 83 of the Motor Vehicles Act, 1988 deals with replacement of vehicle. As per Section 83, the holder of a permit may, with the permission of the authority by which the permit was granted, replace any vehicle covered by the permit by any other vehicle of the same nature. The procedure for replacement of vehicle is contemplated under Rule 174 of the Kerala Motor Vehicle Rules, 1989, which reads thus;