MOHAMMED RAFI Vs. SECRETARY, REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) The petitioner is the holder of a regular permit on the route Puduponnani-Edappal in respect of stage carriage bearing registration No.KL-18/855, with seating capacity 28 in all, with date of registration as 13.01.2003, which has attained the age of 15 years on 12.01.2018. On 07.01.2019, the petitioner made Ext.P3 application for replacement of the said vehicle with another stage carriage bearing registration No.KL?54/6364, with seating capacity 28 in all, with date of registration as 04.10.2007. The petitioner has moved this Court in this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1st respondent Secretary of the Regional Transport Authority, Malappuram to consider Ext.P3 application for replacement of stage carriage bearing registration No.KL-18/855 with stage carriage bearing registration No.54/6364, so as to operate on the route Puduponnani-Edappal, on the strength of Ext.P1 permit, in the light of the decision reported in Aysha v. R.T.A., Kasaragod (2006 (3) KLT 1013). The petitioner has also sought for a writ of mandamus commanding the 1st respondent to make necessary endorsement on Ext.P1 permit relating to replacement of the said vehicles; and a writ of mandamus commanding the 1st respondent to consider Ext.P6 application for temporary permit on the above route, in respect of stage carriage bearing registration No.KL-54/6364, in place of stage carriage bearing registration No.KL-18/855, and grant the same, if there is no other legal impediment.

(2.) On 24.01.2019, when this writ petition came up for admission, the learned Senior Government Pleader was directed to get instructions.

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