A.V. Kuriakose vs The Cochin International Airport Ltd
2023 Latest Caselaw 13124 Ker

Kerala High Court

A.V. Kuriakose vs The Cochin International Airport Ltd on 15 December, 2023

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  FRIDAY, THE 15TH DAY OF DECEMBER 2023 / 24TH AGRAHAYANA, 1945
                       WP(C) NO. 42009 OF 2023
PETITIONER:

          A.V. KURIAKOSE
          AGED 65 YEARS
          S/O.VARGHESE, ARACKAL (H), VAPPALASSERRY P.O.,
          KOCHI, PIN - 683572
          BY ADVS.
          R.SANJITH
          C.S.SINDHU KRISHNAH
          ALEENA JOSHY


RESPONDENTS:

    1     THE COCHIN INTERNATIONAL AIRPORT LTD
          REPRESENTED BY ITS MANAGING DIRECTOR KOCHI,
          PIN - 683111
    2     THE MANAGING DIRECTOR
          COCHIN INTERNATIONAL AIRPORT LTD, KOCHI AIRPORT.P.O,
          ERNAKULAM, PIN - 683111
    3     ALIAS M.V
          AGE AND FATHER'S NAME ARE NOT KNOWN TO THE PETITIONER,
          MENACHERY HOUSE, ANGAMALY P.O., ERNAKULAM,
          PIN - 683572
    4     THE TAXI OPERATORS CO-0PERATIVE SOCIETY LTD
          REPRESENTED BY ITS SECRETARY, THE COCHIN INTERNATIONAL
          AIRPORT LTD, NEDUMBASSERRY, KOCHI AIRPORT P.O,
          ERNAKULAM, PIN - 683111
          SRI BENNY P THOMAS-SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 42009 OF 2023                   2

                                JUDGMENT

Amidst the various assertions, averments and allegations in this writ

petition, when this matter was called today, the learned counsel for the

petitioner - Sri.R.Sanjith confined his plea that the 2 nd respondent -

Managing Director be directed to take up Ext.P4 complaint and dispose it

of, within a time frame to be fixed by this Court. He explained that his

client has preferred Ext.P4 complaint before the 2 nd respondent seeking

that unauthorized and illegal taxi passes presently held by the 3 rd

respondent be cancelled; and that he has explained, how the said pass

seen to be issued in his favour unlawfully. He thus reiteratingly prayed

that the afore relief be granted.

2. Sri.Benny P.Thomas - learned Standing Counsel for

respondents 1 and 2, submitted that there is no legal impediment in

Ext.P4 being taken up and disposed of by the 2nd respondent; but prayed

that this Court may not make any affirmative declarations on the

entitlement of the petitioner to any relief and leave it to be decided by the

competent Authority, in terms of law. He, however, added that while

doing as afore, the 2nd respondent be allowed to hear respondents 3 and 4

also.

In the afore circumstances, I allow this writ petition and direct the

2nd respondent to take up Ext.P4 complaint of the petitioner and dispose

of the same, after affording him and respondents 3 and 4 an opportunity

of being heard; thus culminating in an appropriate order and necessary

action thereon, as expeditiously as is possible, but not later than one

month from the date of receipt of a copy of this judgment.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/15.12

APPENDIX OF WP(C) 42009/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LAC BEARING NO. 621/96 A WITH AWARD NO.727/97 DATED 04.07.1997 Exhibit P2 TRUE COPY OF THE COMPLAINT DATED 07/01/2013 PREFERRED BY THE PETITIONER Exhibit P3 TRUE COPY OF THE COMPLAINT DATED 20/07/2016 Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 13/10/2023 PREFERRED BY THE PETITIONER Exhibit P5 TRUE COPY OF THE JUDGMENT IN W.P.(C).NO.

28481 OF 2018 DATED 06/09/2018