Petitioner is a stage carriage operator having a regular permit. He has approached the respondent for issuance of a clearance certificate in respect of stage carriage vehicle bearing Registration No.KL 58/E 2599. This was with a view to replace the existing vehicle with a new vehicle that he intends to purchase for operating on the route covered by the permit.
2. It is submitted that while Ext.P2 application for issuance of clearance certificate is pending before the respondent, the latter is insisting on a surrender of the permit itself as a condition for consideration of Ext.P2 application.
3. I heard the learned Government Pleader appearing on behalf of the respondents as also the counsel for the petitioner.
4. In view of the statutory provisions under the Kerala Motor Vehicles Act & Rules thereunder, I dispose the writ petition with a direction to the respondent to consider Ext.P2 application and pass orders thereon without insisting on a surrender of the permit but in accordance with the procedure W.P.(C).No.12003 of 2014 2 prescribed in Rule 174, Kerala Motor Vehicle Rules. On the respondent permitting the replacement of the vehicle, he shall also specify the time limit within which a new vehicle shall be produced before him by the petitioner.
With these directions, the writ petition is disposed of.
mns/ A.K.JAYASANKARAN NAMBIAR JUDGE