The petitioner is a stage carriage operator in the route Thiruvizhamkunnu-Perinthalmanna. The permit was issued to his stage carriage bearing registration No.KL-9 V 1680. He obtained clearance certificate with respect to the above vehicle and thereafter he sought for replacement of the vehicle by Ext.P2 by producing the records of stage carriage bearing registration No. KL-17 B 9119. However, the Secretary, RTA has declined consideration of the application for replacement on the ground that the vehicle produced is a lesser model vehicle. 2. This Court had considered the said issue in W.P(C) No.
3553/2013 dated 06.12.2013 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 shall be reconsidered in accordance with law, without looking into the model, but only considering the WPC.26235/2014 : 2 :
viability of the said vehicle to be operated on the route in question.
The writ petition is disposed of.
Sd/-
(K. VINOD CHANDRAN, JUDGE) jma //true copy// P. A to Judge