JOSEPH.T.T Vs. SECRETARY,

JUDGEMENT

(1.) The petitioner, who is the holder of Ext.P2 permit, which is valid till 15.02.2022, on the route Ayyanthole- Chavakkad, with stage carriage bearing registration No.KL-8/BJ-6084, which was taken on lease from one Gopi.M.K., has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1st respondent Secretary, Regional Transport Authority, Thrissur to take up Ext.P5 replacement application, allowing replacement of the latest model incoming vehicle bearing registration No.KL-8/BS-3695, taken on lease agreement, by replacing the aforesaid old vehicle, notwithstanding the instruction that the leased vehicle cannot be replaced, in view of Ext.P8 judgment of this Court dated 24.01.2019 in W.P.(C).No.744 of 2019.

(2.) Going by the averments in the writ petition, in order to replace the existing vehicle, the petitioner obtained a 2018 model stage carriage bearing registration No.KL-8/BS-3695, with a seating capacity of 35 in all, on the strength of Ext.P3 lease deed dated 10.04.2019, from one C.B.Santhosh. Ext.P4 is the certificate of registration of that vehicle. The petitioner has filed Ext.P5 application dated 29.04.2019 for replacement, after remitting the requisite fee vide Ext.P6 receipt dated 30.04.2019.

(3.) On 23.05.2019, when this writ petition came up for admission, the learned Government Pleader was directed to get instructions.