Balakrishnan, J

The petitioner is the owner of a stage carriage bearing registration No. KLI5850. The vehicle was registered on 15.5.1989. As per the then existing rules, the registered owner of the vehicle was bound to maintain only 45 seats in the vehicle being the minimum prescribed under the Rules. The registered owner applied to the authorities for increasing the seats and the seats were increased to 50 and the registered owner has been operating the vehicle till now. The registered owner thereafter filed an application under S.52 of the Motor Vehicles Act, 1988 (for short'the act) for alteration of the vehicle. It was contended that R.269 of the Kerala Motor Vehicles Rules (for short 'the rules') which prescribes the minimum seating capacity of a stage carriage was not applicable to the vehicles in view of R.269(4) of the Rules. According to the petitioner, he was entitled to operate the vehicle with 43 seats. The second respondent rejected the application submitted by the petitioner on the ground that there will be loss of revenue and also on the ground that the reduction of seats would inconvenience to the travelling public.

2. We heard the petitioner's counsel an