The petitioner, a stage carriage operator is conducting services on the route Punalur-Kapplingad Devi Temple on the strength of a regular permit. The regular permit is valid till 25.4.2014. His vehicle was registered on 3.8.1998 and is therefore more than 15 years old. The petitioner has in above circumstances, requested for replacing the vehicle with a new vehicle bearing registration No: KL 6B/7428. At present, the petitioner is conducting services with the said vehicle, on the very same route on the strength of a temporary permit issued to him. Though the petitioner's application for substituting the vehicle was considered by the first respondent on 11.2.2014, the request has been adjourned with a direction that the petitioner should produce the current records of both the outgoing and incoming vehicles. 2. According to Adv.O.D.Sivadas who appears for the petitioner, the outgoing vehicle is owned by him and the regular permit that has been granted to him in respect of the vehicle would expire on 25.4.2014. The new vehicle produced by the petitioner is the one with respect to which a temporary permit has been issued to him. Since what the petitioner has sought for is only substitution, it is contended that the current records of the outgoing vehicle is not necessary to be produced. He is ready to produce the records of the vehicle bearing registration No:KL 6B/7428 that he is offering as the substitute. I have heard the learned Govt. Pleader also.
3. It is not in dispute that the petitioner has been issued with a temporary permit with respect to the vehicle bearing registration No: KL 6B/7428. It is the said vehicle that is offered as the new vehicle for conducting services on the route in question. The regular permit of the petitioner is due to expire on 25.4.2014. Therefore, it is only appropriate that the application of the petitioner is considered, without further delay. Since the vehicle bearing registration No: KL 2 G/3177 has already crossed 15 years of age, the request of the petitioner to substitute the same cannot be found fault with. The authorities are certainly at liberty to insist that the dues payable by the petitioner by way of tax as well as contribution to the welfare funds applicable are cleared. However, insistence of production of current records of the outgoing vehicle is unnecessary.
The second respondent is therefore directed to consider the application submitted by the petitioner for substitution of the vehicle on production of the current records of the vehicle bearing registration No: KL 6B/7428 within ten days.
Writ petition is disposed of accordingly.
Sd/-
K. SURENDRA MOHAN Judge jj /True copy/