Kerala High Court
Manikandan D vs The Secretary Regional Transport ... on 5 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 14061 OF 2024
PETITIONER
MANIKANDAN D
AGED 54 YEARS
S/O R. DESAI, SAKTHIMURUGAN, SIVAJI ROAD,
MOOTHANTHARA, VADAKKANTHARA,PALAKKAD,
PIN - 678012
BY ADV K.V.GOPINATHAN NAIR
RESPONDENT:
THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY, PALAKKAD
KENATHUPARAMBU, KUNATHURMEDU,
PALAKKAD, PIN - 678001
SRI.S.GOPINATHAN-SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.14061 Of 2024
2
JUDGMENT
Dated this the 5th day of April, 2024 The petitioner is holder of a Regular Permit on the route Olippara-Vandithavalam. The petitioner submitted Ext.P4 application for the replacement of the existing vehicle. It is submitted that from the inception of the issue of Permit, the service was being conducted with vehicle having 28 seats and the vehicle sought to be replaced now is a later model with 33 seats. There is no material difference between the existing vehicle as well as vehicle sought to be replaced. Therefore, as per Rule 174(3) of the Kerala Motor Vehicles Rules, the replacement is to be allowed by the respondent by considering Ext.P4 application. The current records of the outgoing vehicle is not a requirement at all as laid down by this Court in W.P(C) No.15154/2010, provided there shall not be any arrears of tax dues to the authorities in respect of the WP(C) No.14061 Of 2024 3 outgoing vehicle.
2. Ext.P4 being a statutory application submitted by the petitioner, the respondent is duty bound to consider the same and grant replacement sought for. The power to grant replacement is already delgated to the respondent under Rule 133 (1)(i) of the Kerala Motor Vehicle Rules, contends the petitioner.
3. Heard.
4. It is evident that Ext.P4 is an application for replacement of vehicle which has statutory support. Therefore, it is necessary that the competent authority considers Ext.P4 in accordance with law, within a reasonable time.
The writ petition is therefore disposed of directing the 2nd respondent-Secretary, Regional Transport Authority to consider Ext.P4 application for replacement of vehicle within a period of three months. If the material difference with the WP(C) No.14061 Of 2024 4 incoming vehicle is more than 25%, the 2 nd respondent shall post the matter before the Regional Transport Authority Board meeting and the Regional Transport Authority Board shall consider the application in the ensuing Board meeting itself, in accordance with law.
Sd/-
N.NAGARESH JUDGE hmh WP(C) No.14061 Of 2024 5 APPENDIX OF WP(C) 14061/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REGULAR PERMIT DATED 07.01.2020 Exhibit P2 TRUE COPY OF THE PROCEEDINGS OF THE RTA GRANTING TRANSFER OF PERMIT IN FAVOR OF THE PETITIONER DATED 14.11.2023 Exhibit P3 TRUE COPY OF THE CONSENT OF THE FINANCER DATED 19.02.2024 Exhibit P4 TRUE COPY OF THE APPLICATION FOR REPLACEMENT SUBMITTED BY THE PETITIONER DATED 21.03.2024