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2018 Supreme(Ker) 65

ANIL K.NARENDRAN
M. Usha Nanthini – Appellant
Versus
Secretary, Regional Transport Authority Cum Regional Transport Officer – Respondent


Advocates Appeared:
For the Petitioner:G. Prabhakaran, Advocate.
For the Respondents: K.P. Harish, Senior Government Pleader.

JUDGMENT :

1. The petitioner, who is the holder of a regular stage carriage permit operating on the route Tholanur-Walayar with stage carriage bearing registration No.KL-49/G-2020, which is a 2015 model vehicle with seating capacity of 38 in all, has approached this Court in this writ petition filed under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1st respondent to allow replacement of the said vehicle with another stage carriage bearing registration No.KL-5/P-4010, which is a 2003 model vehicle with seating capacity of 38 seats in all, by finalising Ext.P2 application within a period of five days, as the incoming vehicle is in better roadworthy condition, though an inferior model vehicle, in view of the judgment of this Court dated 18.7.2017 in W.A.No.1466/2017.

2. The averments made in paragraph 2 of the writ petition as to roadworthiness of the vehicles read thus;

"2. As the existing vehicle was giving frequent complaints, it requires major works and replacement. Now the petitioner obtained a better road worthy condition 2003 model vehicle KL-5/P-4010 with a seating capacity of 38, and sought for replacement. The true copy of the replacement



























































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