MOYTHEEN KOYA, S/O ALAVI, KANIYARAKKAL, KUNNAMANGALAM, KOZHIKODE Vs. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY CUM REGIONAL TRANSPORT OFFICER, (RTO), KOZHIKODE

JUDGEMENT

(1.) The petitioner, who is a holder of regular permit on the route Thambalamanna-Kozhikode covered by a stage carriage bearing registration No. KL-18/P-2232, which is a 2014 model vehicle with seating capacity of 48 in all, has made Ext.P-2 application for replacement of the said vehicle with a stage carriage bearing registration No. KL-58/4165, which is a 2006 model vehicle with seating capacity of 48 in all. The petitioner has approached this Court in this writ petition filed under Article 226 of the Constitution of India seeking a writ of mandamus commanding the 1st respondent to allow replacement of vehicle, as sought for in Ext. P-2 application, within a time limit to be fixed by this Court, taking note of the law laid down by a Division Bench of this Court in Regional Transport Authority and another v. Shaju, ILR 2017 (3) Kerala 720 .

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

(3.) The learned counsel for the petitioner would submit that Ext.P-2 application for replacement made by the petitioner cannot be turned down by the respondents merely for the reason that the incoming vehicle is an older vehicle. Ext.P-2 application has to be considered by the 1st respondent, taking note of the law laid down by the Division Bench of this Court in Shaju's case (supra).