A stage carriage operator is entitled to substitute their vehicle after the grant of a permit but before its formal issuance, provided the substituted vehicle complies with legal standards; the transport authority cannot mandate the production of the originally specified vehicle.

JUDGMENT

The petitioner was granted permit as per Ext.P1 in respect of his stage carriage bearing Registration No.KL 09/AE 8082 on the route Manakkadavu - Payyannur on 06.05.2025. Subsequent to the grant of permit, the petitioner produced the current records of stage carriage No.KL 60/H 0239, which is a 2013 model vehicle. It is contended that in order to issue granted permit, the respondent is requiring him to produce the earlier vehicle No.KL 09/AE 8082. Learned counsel for the petitioner submits that in the light of the decision reported in Vinod Thomas v. RTA, Kottayam [1999 KHC 276], there is no legal impediment in issuing permit to the subsequent vehicle produced by the petitioner. Accordingly, the petitioner has filed this writ petition for the following relief:

“i) Issue a writ of mandamus or any other appropriate writ, order or direction, commanding the respondent to settle the timings in pursuance to Ext.P1 grant made by the Regional Transport Authority and issue permit to the stage carriage bearing No.KL 56/Y 3132, without any delay.”

2. A statement has been filed on behalf of the respondent, wherein it is stated that since the petitioner had produced vehicle No.KL 09/AE 8082 at the time of consideration of his application for regular permit, the RTA has proceeded to grant permit specifically to that particular vehicle and the Secretary has no power to vary any terms of the permit granted by the RTA.

3. Heard the learned counsel for the petitioner and the learned Government Pleader.

4. Paragraph No.6 in Viond (supra) reads as follows:

“6. After issuance of regular permit also, the stage carriage operator can change the vehicle in respect of the permit. Here the question is whether there can be a change in respect of the vehicle after granting of permit and before issuance of permit. In the light of the observations made by the two Judge Bench of this Court in W.A.No.2266 of 1998 it can be seen that when a later model vehicle is offered for the service, the authority can issue permit in respect of the later model vehicle. Here, also the petitioner now wants issuance of permit in respect of a later model vehicle. Ext.P5 letter sent by the RTA, Kottyam, would go to show that the refusal to issue permit was only for the reason that there was change in the vehicle at the time of production of current records. Refusal to issue the granted permit by saying that it is in violation of R.159(1) of the Kerala Motor Vehicles Rules is not correct.”

Since it is trite law that after the issuance of regular permit also, the stage carriage operator can change the vehicle in respect of the permit, this writ petition is disposed of directing the respondent to settle the timings in pursuance to the grant made by the RTA and issue permit to vehicle No. No.KL 60/H 0239, within a period of one month from the date of receipt of a certified copy of this judgment.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SB APPENDIX PETITIONER EXHIBITS Exhibit P1 . TRUE COPY OF THE DECISION OF THE REGIONAL TRANSPORT AUTHORITY, KANNUR DATED 6.05.2025 Exhibit P2 TRUE COPY OF THE REQUEST DATED 31.10.2025 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT Exhibit P3 TRUE COPY OF THE RELEVANT PORTION OF THE RC BOOK OF STAGE CARRIAGE NO. KL 60/H

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