Capt Sachin Thomas vs Directorate General Of Civil ...
2023 Latest Caselaw 7491 Kant

                                            -1-
                                                        NC: 2023:KHC:38880
                                                     WP No. 24115 of 2023




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 2ND DAY OF NOVEMBER, 2023

                                          BEFORE
                        THE HON'BLE MR JUSTICE M.NAGAPRASANNA
                        WRIT PETITION NO. 24115 OF 2023 (GM-RES)
                 BETWEEN:

                 CAPT. SACHIN THOMAS,
                 S/O THOMAS M.T,
                 AGED ABOUT 30 YEARS,
                 R/AT MAMMOOTTIL HOUSE,
                 NILAMBUR R.S, P.O NILAMBUR,
                 MALLAPURAM, KERALA - 679 330.
                                                                ...PETITIONER
                 (BY SRI. ABHIMANYU DEVAIAH, ADVOCATE)

                 AND:

                 1.    DIRECTORATE GENERAL OF CIVIL AVIATION,
                       REPRESENTED BY ITS SECRETARY,
                       HAVING ITS REGISTERED OFFICE AT
Digitally signed       OPPOSITE SAFDURJUNG AIRPORT,
by PADMAVATHI
BK                     NEW DELHI - 110 003.
Location: HIGH
COURT OF
KARNATAKA        2.    AIR INDIA EXPRESS LIMITED,
                       (SINCE AIR ASIA (INDIA) PRIVATE LIMITED IS
                       MERGED INTO AIR INDIA EXPRESS LIMITED)
                       CIN: U62100HR1971PLC113015,
                       HAVING REGISTERED OFFICE AT:
                       BLOCK 4, YATIKA ONE-ON-ONE, SECTOR 16, NH 48,
                       GURUGRAM - 122 007, HARYANA.
                       EMAIL [email protected]
                                                             ...RESPONDENTS
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                                                     NC: 2023:KHC:38880
                                                  WP No. 24115 of 2023




      THIS    WP      IS    FILED    UNDER       ARTICLE     226    OF   THE
CONSTITUTION OF INDIA, 1950 PRAYING TO DIRECT THE R1
TO   CONSIDER         THE    REPRESENTATION           DATED        4.10.2023
MARKED AS ANNEXURE-G AND ETC.,

      THIS     PETITION,       COMING           ON   FOR     PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

                                    ORDER

The petitioner, a pilot, who enters into an agreement with

Air Asia (India) Private Limited, airline run by respondent No.2.

He has knocked at the doors of this Court seeking issuance of a

writ in the nature of Mandamus to consider the representation

submitted to respondent No.1 - Director General of Civil

Aviation.

2. A perusal at the representation would indicate that

he has several grievances qua respondent No.2. The

agreement entered into is between the petitioner and

respondent No.2, the Director General of Civil Aviation has

nothing to do with the problems between the petitioner and

respondent No.2 or the erstwhile entity of respondent No.2 -

Air Asia. Since respondent No.2 is not a State under Article 12

of the Constitution of India, the writ petition in the form that it

is presented would not be entertainable.

NC: 2023:KHC:38880 WP No. 24115 of 2023

3. The issue in the lis stands answered by the Apex

Court in the case of FEDERAL BANK LTD., Vs. SAGAR

THOMAS AND OTHERS1.

In the light of the said judgment, the petition is disposed

as not entertainable, reserving liberty to the petitioner to avail

of such remedy, as is available in law.

Sd/-

JUDGE

JY

CT: BHK

2003 10 SCC 733