Y THOMAS Vs. SECRETARY REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) The petitioner, who is the registered owner of a stage carriage bearing registration No.KL-13/L-9279, covered by Ext.P1 regular permit on the route Palakkad-Guruvayur which is valid till 27.6.2018, has filed this writ petition, seeking a writ of mandamus commanding the Secretary, Regional Transport Authority, Thrissur, the respondent herein, to entertain Ext.P3 application dated 9.2.2018 submitted by the petitioner for replacement of stage carriage bearing registration No.KL-13/L9279, which is a 2004 model vehicle (date of registration 4.10.2004) , with seating capacity of 48 in all, with another stage carriage bearing registration No.KL-08/AA-9001, which is a 2004 model vehicle (date of registration 14.6.2004) , with seating capacity of 48 in all.

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

(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;