MOYTHEEN KOYA Vs. SECRETARY

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.P2 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.P2 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.P2 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.P2 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).