Dated this the 5th day of April, 2024 The petitioner is holder of a Regular Permit on the route Olippara-Vandithavalam. The petitioner submitted Ext.P4 application for the replacement of the existing vehicle. It is submitted that from the inception of the issue of Permit, the service was being conducted with vehicle having 28 seats and the vehicle sought to be replaced now is a later model with 33 seats. There is no material difference between the existing vehicle as well as vehicle sought to be replaced. Therefore, as per Rule 174(3) of the Kerala Motor Vehicles Rules , the replacement is to be allowed by the respondent by considering Ext.P4 application. The current records of the outgoing vehicle is not a requirement at all as laid down by this Court in W.P(C) No.15154/2010, provided there shall not be any arrears of tax dues to the authorities in respect of the outgoing vehicle.

2. Ext.P4 being a statutory application submitted by the petitioner, the respondent is duty bound to consider the same and grant replacement sought for. The power to grant replacement is already delegated to the respondent under Rule 133 (1)(i) of the Kerala Motor Vehicle Rules, contends the pet