Kerala High Court
Tgn Kumar vs The Secretary, The Ministry Of ... on 30 July, 2025
W.P.(C) Nos.30213 of 2022
and 32815 of 2022 1
2025:KER:56496
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 30TH DAY OF JULY 2025 / 8TH SRAVANA, 1947
WP(C) NO. 30213 OF 2022
PETITIONER:
TGN KUMAR, AGED 51 YEARS
33/3004, VENNALA.P.O, KOCHI-682028.
BY ADVS. SHRI.SHAJI CHIRAYATH
SHRI MANORANJAN,SMT.JIJI M. VARKEY
SMT.M.K.SAFEELA BEEVI,SMT.SAVITHA GANAPATHIYATAN
SRI.M.M.SHAJAHAN
RESPONDENTS:
1 THE SECRETARY, THE MINISTRY OF CORPORATE AFFAIRS
MINISTRY OF CORPORATE AFFAIS, A WING, SHASTRI BHAWAN,
RAJENDRA PRASAD ROAD, NEW DELHI-110001.
2 THE CHAIRMAN,
COCHIN INTERNATIONAL AIRPORT LTD, AIRPORT ROAD,
NEDUMBASSERY.P.O, KOCHI-683111.
3 COCHIN INTERNATIONAL AIRPORT LTD,
REPRESENTEDBY THE MANAGING DIRECTOR,
AIRPORT ROAD, KOCHI-683111.
BY ADVS.
SMT.STINNIE JOHN, CGC
SHRI.BENNY P. THOMAS (SR.)
SRI.D.PREM KAMATH
SRI.TOM THOMAS (KAKKUZHIYIL)
SHRI.ABEL TOM BENNY
SHRI.KURIAN OOMMEN THERAKATH
SHRI.JAIKRISHNAN.M.PISHARODI
SHRI.K.S.MUHAMMED SHEFIN
SHRI.HARIKRISHNAN S.
SRI.S.SREEKUMAR (SR.)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
30.07.2025, ALONG WITH WP(C).32815/2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) Nos.30213 of 2022
and 32815 of 2022 2
2025:KER:56496
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 30TH DAY OF JULY 2025 / 8TH SRAVANA, 1947
WP(C) NO. 32815 OF 2022
PETITIONER:
TGN KUMAR,AGED 51 YEARS
33/3004, VENNALA P.O, KOCHI - 682 028.
BY ADVS. SHRI.SHAJI CHIRAYATH
SHRI MANORANJAN,SMT.JIJI M. VARKEY
SMT.M.K.SAFEELA BEEVI,SMT.SAVITHA GANAPATHIYATAN
SRI.M.M.SHAJAHAN
RESPONDENTS:
1 THE SECRETARY, THE MINISTRY OF CORPORATE AFFAIRS
MINISTRY OF CORPORATE AFFAIRS A WING, SHASTRI BHAWAN,
RAJENDRA PRASAD ROAD, NEW DELHI - 110 001.
2 THE CHAIRMAN, KANNUR INTERNATIONAL AIRPORT LTD,
KANNUR INTERNATIONAL AIRPORT P O, MATTANNUR,
KANNUR - 670 708.
3 KANNUR INTERNATIONAL AIRPORT LTD,
REPRESENTED BY THE MANAGING DIRECTOR
KANNUR INTERNATIONAL AIRPORT P O, MATTANNUR,
KANNUR - 670 708.
4 THE REGISTRAR OF COMPANIES,
COMPANY LAW BHAWAN,BMC ROAD,THRIKKAKARA,KOCHI- 682 021.
BY ADVS.
SHRI.M.GOPIKRISHNAN NAMBIAR
SHRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SHRI.PAULOSE C. ABRAHAM
SHRI.RAJA KANNAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
30.07.2025, ALONG WITH WP(C).30213/2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) Nos.30213 of 2022
and 32815 of 2022 3
2025:KER:56496
VIJU ABRAHAM, J.
.................................................................
W.P.(C) Nos.30213 of 2022
and
32815 of 2022
.................................................................
Dated this the 30th day of July, 2025
JUDGMENT
In W.P.(C) No.30213 of 2022 petitioner challenges Ext.P2 circular
and seeks for a direction to conduct the 28 th Annual General Body Meeting
(AGM) of Cochin International Airport Ltd. In physical mode and not through
video conference. It is brought to the notice of this Court by the learned
counsel appearing for the 3rd respondent that Ext.P2 circular has been
superseded by Ext.R3(a) which is also a general order permitting conduct of
AGM through video conference. Learned counsel appearing for the 3rd
respondent also would submit that a subsequent circular dated 19.09.2024
was issued by the Ministry of Corporate Affairs allowing conduct of AGM
through video conference.
Taking into consideration the fact that Ext.P2 circular has been
superseded by subsequent circulars, and further that the 28 th AGM of Cochin
International Airport Ltd. has already been convened, I am not inclined to
grant any relief to the petitioner in W.P.(C) No.30213 of 2022, but leave open
the right of the petitioner to challenge the latest circular issued by the Ministry
of Corporate Affairs permitting conduct of AGMs through video conference,
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the writ petition is disposed of.
As regards W.P.(C) No.32815 of 2022 is concerned, a similar issue
has been raised in respect of the Kannur International Airport Ltd. Taking into
consideration the fact that the circular challenged in this writ petition has been
superseded and that the 13th AGM of the Kannur International Airport Ltd. has
already been convened, I am not inclined to grant any relief to the petitioner
in this writ petition also. But leaving open the right of the petitioner to
challenge the fresh circulars issued by the Ministry of Corporate Affairs the
writ petition is disposed of.
Sd/-
VIJU ABRAHAM
JUDGE
cks
2025:KER:56496
APPENDIX OF WP(C) 30213/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE E-MAIL COMMUNICATION
SENT BY CIAL TO ONE OF THE SHAREHOLDERS
(MOTHER OF THE PETITIONER) INTIMATING THE
28TH AGM OF CIAL
Exhibit P2 TRUE COPY OF THE GENERAL CIRCULAR
NO.2/2022 DATED 05.05.2022 OF THE
MINISTRY OF CORPOPORATE AFFAIRS
Exhibit P3 TRUE COPY OF THE GENERAL CIRCULAR
NO.20/2020 DATED 05.05.2020 OF THE
MINISTRY OF CORPORATE AFFAIRS
Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED
12.09.2022 PREFERRED BY THE PETITIONER
Exhibit P5 TRUE COPY OF THE NOTICE OF ANNUAL GENERAL
BODY MEETING OF CIAL SCHEDULED TO BE HELD
ON 26.09.2022.
RESPONDENT EXHIBITS
EXHIBIT R3(a) True copy of the general circular
No.09/2023( file No. policy -17/57/2021-
cl-mca dated 25-09-2023
2025:KER:56496
APPENDIX OF WP(C) 32815/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTICE OF ANNUAL GENERAL
BODY MEETING OF KIAL SCHEDULED TO BE HELD
ON 26.10.2022.
Exhibit P2 TRUE COPY OF THE GENERAL CIRCULAR NO.
2/2022 DATED 05.05.2022 OF THE MINISTRY
OF CORPORATE AFFAIRS.
Exhibit P3 TRUE COPY OF THE GENERAL CIRCULAR NO.
20/2020 DATED 05.05.2020 OF THE MINISTRY
OF CORPORATE AFFAIRS.
Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED
04.10.2022 PREFERRED BY THE PETITIONER.
RESPONDENT EXHIBITS
Exhibit R2(a) A true copy of the General Circular No.
10/2022 dated 28.12.2022 issued by the
Ministry of Corporate Affairs
PETITIONER ANNEXURES
Annexure A5 A TRUE COPY OF THE GENERAL CIRCULAR
20/03/2023
Annexure A6 A TRUE COPY OF THE NOTICE 28/12/2022
