Vineet Shamil K vs Director General Of Bureau Of ...
2023 Latest Caselaw 7675 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
      FRIDAY, THE 14TH DAY OF JULY 2023 / 23RD ASHADHA, 1945
                     WP(C) NO. 22275 OF 2023
PETITIONER:
           VINEET SHAMIL K
           AGED 43 YEARS, S/O K VIJAYAN, HOUSE NO. 10/27,
           ABHIRAMAM, PATTADATH PARAMBU P.O., KUTHIRAVATTOM,
           KOZHIKODE, PIN - 673016

          BY ADVS.
          LATHA ANAND
          M.N.RADHAKRISHNA MENON
          K.R.PRAMOTH KUMAR
          S.VISHNU (ARIKKATTIL)
          SIDHARTH P.S.


RESPONDENTS:
     1     DIRECTOR GENERAL OF BUREAU OF CIVIL AVIATION SECURITY
           A WING, IST - IIIRD FLOORS, JANPATH BHAWAN, JANPATH,
           NEW DELHI 110 001, PIN - 110001
     2     REGIONAL DIRECTOR
           BUREAU OF CIVIL AVIATION SECURITY OFFICE OF THE
           REGIONAL DIRECTOR, NEDUMBASSERY P.O., KOCHI - 683111,
           PIN - 683111
     3     REGIONAL DIRECTOR
           BUREAU OF CIVIL AVIATION SECURITY OFFICE OF THE
           REGIONAL DIRECTOR, THIRUVANANTHAPURAM - 695008, PIN -
           695008
     4     THE AIRPORT DIRECTOR
           AIRPORTS AUTHORITY OF INDIA, CALICUT INTERNATIONAL
           AIRPORT CALICUT AIRPORT P.O., MALAPPURAM DISTRICT - 673
           647, PIN - 673647
     5     AIR INDIA EXPRESS
           DOOR NO. 54/4042 A&B, 5TH FLOOR, ARYABHANGY PINNACLE,
           SAHODARAN AYYAPPAN ROAD, ELAMKULAM, KOCHI - 682020
           REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, PIN -
           682020
OTHER PRESENT:

          SRI.S.MANU, DSGI


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.22275 of 2023

                                      2

                   P.V.KUNHIKRISHNAN
               ---------------------
                  W.P (C) No.22275 of 2023
            ---------------------------
              Dated this the 14th day of July, 2023

                               JUDGMENT

This writ petition is filed with the following prayers:-

"a) To call for the records leading to Exhibit P8 and quash the same.

b) To issue a writ, order or direction to the respondents 1 to 3 to issue the Aerodrome Entry Permit (AEP)/ Biometric Aerodrome Entry Permit (BAEP) to the petitioner forthwith.

c) In the alternative, direct the respondents to re- consider the petitioner's application for AEP/BAEP afresh and pass orders thereon within a period of two weeks and issue a provisional AEP in the interregnum.

d) Issue any such other directions that may be found fit and proper in the interest of justice by this Honorable Court. " (SIC)

2. The Petitioner is working as a contract employee

of the 5th respondent, Air India Express and is presently

working as Check Cabin Crew. To work as a flight attendant /

cabin crew / pilot etc., the incumbents require Aerodrome

Entry Permit (AEP) or Bio-metric Aerodrome Entry Permit

(BAEP) issued by the 1st respondent. The AEP granted by

the 2nd respondent expired on 31.03.2023 and W.P (C) No.22275 of 2023

the petitioner made an application for renewal of the AEP

before the expiry of the original AEP. Since there is no

response, the petitioner submitted Ext.P4 application for

renewal on 16.04.2023. After the submission of Ext.P4

application, Ext.P8 auto generated e-mail communication is

received to the petitioner on 28.06.2023 informing that the

AEP request has been rejected. Now, the petitioner received

Ext.P10 order. Aggrieved by the same, this writ petition is

filed.

3. Heard the learned counsel for the petitioner and

learned DSGI.

4. This Court perused Ext.P10. A perusal of Ext.P10

would show that this is not a speaking order. No reason is

mentioned in it. An independent consideration of the matter

is not there in Ext.P10. Therefore, I think Ext.P10 is to be set

aside and the matter is to be remitted back to the 1 st

respondent and the 1st respondent can be directed to

reconsider the matter.

Therefore, this writ petition is disposed of with the

following directions.

              1)     Ext.P10 is set aside.
 W.P (C) No.22275 of 2023



        2)   The     1st    respondent     is   directed    to

reconsider the matter and pass appropriate orders in it, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment.

3) Till final orders are passed, Ext.P3 temporary permit already granted to the petitioner shall be extended.

Sd/-

P.V.KUNHIKRISHNAN JUDGE bng W.P (C) No.22275 of 2023

APPENDIX OF WP(C) 22275/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE LATEST APPOINTMENT LETTER DATED 21-04-2022

Exhibit P2 TRUE COPY OF THE AEP FOR THE PERIOD 13.10.2022 TO 31.03.2023

Exhibit P3 TRUE COPY OF THE TEMPORARY AEP

Exhibit P4 TRUE COPY OF THE AEP/ BAEP APPLICATION FORM SUBMITTED BY THE PETITIONER DATED 16.04.2023

Exhibit P5 TRUE COPY OF THE RELEVANT PAGE OF THE INTERNAL COMPLAINTS COMMITTEE REPORT DATED 04.08.2015

Exhibit P6 TRUE COPY OF THE JUDGMENT IN WP (C) 4457 OF 2016 DATED 04.09.2019

Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 23.08.2017 IN WP (C) NO. 25746 OF 2017

Exhibit P8 TRUE COPY OF THE SCREENSHOT OF THE EMAIL COMMUNICATION DATED 28.06.2023

Exhibit P9 TRUE COPY OF THE POLICE CLEARANCE CERTIFICATE DATED 12.10.2019

Exhibit P10 TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 07.07.2023