The Supreme Court on Thursday upheld the validity of one of the provisions of the Kerala Motor Vehicles Rules which empowers the State transport authority to reject an application for permit replacement if the vehicle sought to be granted the permit is older than the one which is being replaced.
The top court set aside the 2017 judgment of the Division Bench of the Kerala High Court by allowing the appeal of the State government and the regional transport authority.
The Division Bench of the High Court had held as illegal Rule 174(2)(c) of the Kerala Motor Vehicles Rules, 1989 which gives discretionary power to the transport authority to reject the application “if the new vehicle proposed is older than the ones ought to be replaced”.
