The petitioner is a stage carriage operator in the route Attingal - Varkala. The permit was issued to his stage carriage bearing registration No.KL-16/G 3868, which is valid till 03/03/2016. The petitioner obtained clearance certificate with respect to the above vehicle, retaining the permit under suspended animation. Thereafter the petitioner sought for replacement of the vehicle, by producing the current records of vehicle bearing registration No.KL-05/S 4005, which was rejected by the respondent, by Exhibit P2. The reason stated for the rejection is that, the vehicle now offered is older than the one sought to be replaced.
2. This Court had considered the said issue in W.P. (C).No.3553 of 2013 dated 6.12.2013 and had held that though discretion is vested in the respondent under Rule 174(2) of the Kerala Motor Vehicles Rules, 1989 to assess the merits and demerits of a vehicle, it cannot be extended to merely looking at WP(C).No.31824 of 2014 - 2 -
the model or date of registration of the vehicle. In such circumstances, Exhibit P2 is set aside, to facilitate reconsideration in accordance with law, without looking into the model, but only considering the viability of the said vehicle to operate on the route in question.
Writ Petition is disposed of as above.
vku.
Sd/-
K.Vinod Chandran, Judge ( true copy )