The petitioner only seeks for consideration of Exhibit P4 request, which has been filed before the respondent. Admittedly the petitioner seeks to replace the vehicle covered under Exhibit P1 permit. The petitioner, in fact, has made an application for altering the seating capacity and endorsing it as 39 in Exhibit P3.
2. The background facts are that, the petitioner was operating vehicle covered by Exhibit P2 Certificate of Registration, having 39 seats, in Exhibit P1 permit, a City Service, which vehicle was subsequently replaced with a vehicle covered by Exhibit P2(a) Certificate of Registration. The seating capacity of that vehicle was 40. The learned counsel appearing for the petitioner refers to Rule 269 of the Kerala Motor Vehicles Rules, 1989 and contends that the vehicles covered under Exhibits P2 and P2(a) Certificate of Registration would reveal that the wheel base of the said vehicles is 520 cms., and the WP(C).No.29754 of 2014 - 2 -
seating capacity of the vehicle should be endorsed in the Certificate of Registration as determined by the 1st and 2nd provisos to Rule 269(1), for a City/Town service. The petitioner seeks to replace the vehicle covered by Exhibit P3 Certificate of Registration, which, at present, has 48 seats, in Exhibit P1 permit. As a prelude, the petitioner has applied for alteration of the seating capacity to 39, by Exhibit P4.
3. In any event since only consideration of Exhibit P4 is sought for, the same shall be considered and orders passed thereon within a period of three weeks; taking note of the provisions as stated above and in accordance with law.
The writ petition is disposed of as above.
vku.
Sd/- K.Vinod Chandran, Judge ( true copy )