Manikandan D vs The Secretary Regional Transport ...
2024 Latest Caselaw 9983 Ker

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

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

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

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