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Linson E.K vs The Cochin International Airport Ltd
2024 Latest Caselaw 4658 Ker

Citation : 2024 Latest Caselaw 4658 Ker
Judgement Date : 6 February, 2024

Kerala High Court

Linson E.K vs The Cochin International Airport Ltd on 6 February, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
                       WP(C) NO. 33928 OF 2022
PETITIONER:

          LINSON E.K., AGED 26 YEARS
          S/O E.V. KUNJUMON, ERALIL (H), ATHANI P.O.,
          NEDUMBASSERY, KOCHI-683585.

          R.SANJITH
          C.S.SINDHU KRISHNAH
          P.S.ANJU
          SURAJ KRISHNAN
          SHALU JOSE
          RAHUL S.NATH
          SIDHI K. KUTTY



RESPONDENTS:

    1     THE COCHIN INTERNATIONAL AIRPORT LTD.,
          REPRESENTED BY ITS MANAGING DIRECTOR KOCHI-683 111.

    2     THE MANAGING DIRECTOR, COCHIN INTERNATIONAL AIRPORT
          LTD, KOCHI AIRPORT.P.O, ERNAKULAM-683 111.

    3     SONY VARGHESE, AGED 62, S/O. VARGHESE, PUTHENKUDY
          HOUSE, IRINGOL P.O., PERUMBAVOOR, ERNAKULAM- 683545.

    4     THE TAXI OPERATORS CO-OPERATIVE SOCIETY LTD,
          REPRESENTED BY ITS SECRETARY. THE COCHIN INTERNATIONAL
          AIRPORT LTD, NEDUMBASSERRY, KOCHI AIRPORT. P.O,
          ERNAKULAM-683111.
 WP(C) NO. 33928 OF 2022
                                      2


           P.BENNY THOMAS
           P.THOMAS GEEVERGHESE
           D.PREM KAMATH
           TOM THOMAS (KAKKUZHIYIL)
           ABEL TOM BENNY
           KURIAN OOMMEN THERAKATH
           JAIKRISHNAN.M.PISHARODI
           K.S.MUHAMMED SHEFIN
           TONY THOMAS (INCHIPARAMBIL)
           E.S.FIROS
           AMRUTHA K.P.
           SRADHA MOHAN




      THIS     WRIT       PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON    06.02.2024,      THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 33928 OF 2022
                                3


                            JUDGMENT

The petitioner alleges that the third respondent has been

issued Taxi permit/Vehicle Pass unauthorisedly and unlawfully,

based on Ext.P1 Land Acquisition Certificate; and therefore,

that he has preferred Ext.P2 representation before the second

respondent, thus seeking that it be directed to be taken up and

disposed of within a time frame to be fixed by this Court.

2. In response, Sri.P.Benny Thomas, appearing for

respondents 1 and 2, submitted that Ext.P2 representation of

the petitioner has already seized the attention of the second

respondent and that a final decision thereon will be taken by

him, after hearing the petitioner and the third respondent.

3. Sri.P.Thomas Geevarghese, appearing for the third

respondent, submitted that, though his client does not stand in

the way of Ext.P2 being considered by the second respondent,

it may be ordered that they will also be given an opportunity of

being heard during such processes.

In the afore circumstances, I allow this writ petition and

direct the competent Authority of the second respondent to

take up Ext.P2 representation of the petitioner and dispose it WP(C) NO. 33928 OF 2022

of, after affording an opportunity of being heard to him, as also

to the third respondent; thus culminating in an appropriate

order and necessary action thereon, as expeditiously as is

possible, but not later than two months from the date of

receipt of a copy of this judgment.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 33928 OF 2022

APPENDIX OF WP(C) 33928/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE LAND ACQUISITION CERTIFICATE BEARING NO. 64/99 DATED 19/01/2013.

Exhibit P2 TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER.

Exhibit P3 TRUE COPY OF THE JUDGMENT IN W.P. (C).NO. 28481 OF 2018.

RESPONDENT EXHIBITS

Exhibit R3(a) TRUE COPY OF TAXI-PERMIT ISSUED TO THE 3RD RESPONDENT BY CIAL.

Exhibit R3(b) TRUE COPY OF MEMBERSHIP ID OF THE 3RD RESPONDENT WITH 4TH RESPONDENT SOCIETY.

Exhibit R3(c) TRUE COPY OF AFFIDAVIT/LETTER OF CONSENT ISSUED BY LATE E V VARGHESE, DATED 7TH OCTOBER 2013.

Exhibit R3(d) TRUE COPY OF DEATH CERTIFICATE OF EV VARGHESE.

 
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