Petitioner is a stage carriage operator having a regular permit. She has approached the respondent for issuance of a clearance certificate in respect of her stage carriage vehicle bearing Registration No.KL-13 Q 1265. This was with a view to replace the existing vehicle with a new vehicle that she intends to purchase for operating on the route covered by the permit. 2. It is submitted that while Ext.P3 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.P3 application.
3. I have heard counsel for the petitioner as also the learned Government Pleader.
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.P3 application and pass orders thereon without insisting on a surrender of the permit but in W.P.(C).NO.35316/2014 2 accordance with the procedure 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 the new vehicle shall be produced before him by the petitioner.
With these directions, the writ petition is disposed.
A.K.JAYASANKARAN NAMBIAR JUDGE prp