IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
WP(C) NO. 13353 OF 2022
PETITIONER:
A.P.VARGHESE,
AGED 73 YEARS
AREECKAL, (KALPPURAYIL), THIRUVILAMKUNNU, KARIYAD,
MEKKAD P.O., ERNAKULAM-683 589.
BY ADV SANIL KUMAR
RESPONDENTS:
1 THE MINISTER FOR REVENUE AND HOUSING,
OFFICE OF MINISTER FOR REVENUE AND HOUSING
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 SPECIAL TAHASILDAR (LA),
NO.11, COCHIN INTERNATIONAL AIR PORT LTD.,
NEDUMBASSERY, NEDUMBASSERY AIRPORT P.O.,
KERALA-683 111.
3 MANAGING DIRECTOR,
COCHIN INTERNATIONAL AIRPORT LTD., NEDUMBASSERY,
NEDUMBASSERY AIRPORT P.O., KERALA-683 111.
OTHER PRESENT:
SHRI.JAFFAR KHAN, SR.GP
SHRI.BENNY P.THOMAS - SC - CIAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13353 OF 2022 2
JUDGMENT
After the learned counsel for the parties argued this matter today, noticing that the jurisdiction of this Court in such matters are extremely limited, Shri.Sanil Kumar K. - learned counsel for the petitioner, pleaded that his client's representation, namely Ext.P3, preferred before the Hon'ble Minister for Revenue and Housing, Government of Kerala be directed to be taken up and disposed of by the said Authority within a time frame to be fixed by this Court.
2. Shri.Jaffar Khan - learned Senior Government Pleader, submitted that Ext.P3 is incompetent because it has been preferred before the Hon'ble Minister, while the petitioner ought to have approached the Secretary for Revenue.
3. Shri.Benny P.Thomas - learned Standing Counsel appearing for the Cochin International Airport Ltd. (CIAL), submitted that he does not have any comment to make on the allegations made by the petitioner, except to say that they are all without basis and that the property involved in this case - which was earlier owned by him - has been put to use for the WP(C) NO. 13353 OF 2022 3 purposes of the Airport. He added that, however, if this Court is inclined to direct any of the competent respondents to take up Ext.P3 or any other representation to be preferred by the petitioner, the official concerned of the CIAL be also directed to be heard.
Taking note of the afore submissions and since I find favour with the afore contention of the learned Senior Government Pleader, I order this writ petition, leaving liberty to the petitioner to move the Secretary for Revenue, Government of Kerala, with an appropriate representation/application; and if this is done within a period of one month from the date of receipt of a copy of this judgment, same shall be considered by the said Authority, after affording the petitioner as also the official concerned of the CIAL, an opportunity of being heard; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than four months from the date on which it is so received.
I make it clear that this Court has not entered into the merits of any of the rival contentions and that they are all left WP(C) NO. 13353 OF 2022 4 open to be pursued appropriately when the afore exercise is completed.
Sd/-
DEVAN RAMACHANDRAN JUDGE MC/28.5 WP(C) NO. 13353 OF 2022 5 APPENDIX OF WP(C) 13353/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE NOTICE B2/17/95 ISSUED TO PETITIONER BY THE 2ND RESPONDENT DATED 04.07.95 SL. NO.16.
Exhibit P1 B TRUE COPY OF THE NOTICE B2/17/95 ISSUED TO PETITIONER BY THE 2ND RESPONDENT DATED 04.07.95 SL. NO.17.
Exhibit P1 C TRUE COPY OF THE NOTICE B2/17/95 ISSUED TO PETITIONER BY THE 2ND RESPONDENT DATED 04.07.95 SL. NO.19.
Exhibit P2 TRUE COPY OF THE NOTICE LAC 12/95 ISSUED TO PETITIONER BY THE 2ND RESPONDENT DATED 15.01.96.
Exhibit P3 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 15.08.2021.