The petitioner is a stage carriage operator in the route Kozhikode - Koolimadu - Nayarkuzhi - Mukkom. The permit was issued to his stage carriage bearing registration No.KL-11 S/2079. He obtained clearance certificate with respect to the above vehicle and thereafter he sought for replacement of the vehicle by producing the records of stage carriage bearing registration No. KL-17/8341. However, the Secretary, RTA has not considered the application for replacement on the ground that the outgoing vehicle is older than the one sought to be replaced. 2. This Court had considered the said issue in W.P(C) No. 3553/2013 dated 06.12.2013 WP(C).29288/14 2 and had held that though discretion is vested in the respondent under Rule 174(2) of the Kerala Motor Vehicle Rules, 1989 to assess the merits and demerits of a vehicle, it cannot be extended to merely looking at the model or date of registration of the vehicle. In such circumstances, Ext.P2 application submitted by the petitioner for replacement, shall be re- considered in accordance with law, without looking into the model, but only considering the viability of the said vehicle to be operated on the route in question.
The writ petition is disposed of.
Sd/-
K.VINOD CHANDRAN Judge Mrcs //True Copy//