Kerala High Court
Skyline Builders vs 1Airport Director And Safety ... on 5 June, 2025
W.P.(C) No.41717 of 2022 1
2025:KER:39481
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 5TH DAY OF JUNE 2025 / 15TH JYAISHTA, 1947
WP(C) NO. 41717 OF 2022
PETITIONER:
SKYLINE BUILDERS
SKYLINE HOUSE, N.H. BYPASS, NEAR EMC HOSPITAL,
VENNALA P.O, COCHIN-682028. REP. BY MANAGING PARTNER
- K.V. ABDUL AZEEZ
BY ADVS.
SHRI.K.I.MAYANKUTTY MATHER (SR.)
SMT.T.K.SREEKALA
SMT.S.PARVATHI
SMT.KALLIYANI KRISHNA B.
RESPONDENTS:
1 1AIRPORT DIRECTOR AND SAFETY ACCOUNTABLE MANAGER
COCHIN INTERNATIONAL AIRPORT LTD.,
KOCHI AIRPORT P.O, ERNAKULAM, PIN - 683111
2 COCHIN INTERNATIONAL AIRPORT LTD.(CIAL)
COCHIN INTERNATIONAL AIRPORT LTD.
KOCHI AIRPORT P.O., ERNAKULAM, REPRESENTED BY ITS
CHAIRMAN, PIN - 683111
3 DIRECTOR GENERAL OF CIVIL AVIATION (DGCA)
AUROBINDO MARG, OPP. SAFDARJUNG AIRPORT,
SUFDARJUNG AIRPORT P.O., NEW DELHI, PIN - 110003
4 JOINT DIRECTOR GENERAL OF CIVIL AVIATION
AUROBINDO MARG, OPP. SAFDARJUNG AIRPORT,
SUFDARJUNG AIRPORT P.O., NEW DELHI, PIN - 110003
5 DISTRICT COLLECTOR AND CHAIRMAN
DISASTER MANAGEMENT AUTHORITY, CIVIL STATION,
THRIKKAKARA P.O, ERNAKULAM, PIN - 682021
W.P.(C) No.41717 of 2022 2
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6 GENERAL MANAGER (ATM)
AVIATION CLEARANCE AUTHORITY, AIRPORT AUTHORITY OF
INDIA, CHENNAI INTERNATIONAL AIRPORT,
GRAND SOUTHERN TRUNK ROAD, NEXT TO NEW TERMINAL,
MEENAMBAKKAM P.O., CHENNAI, TAMIL NADU,
PIN - 600016
7 EXECUTIVE ENGINEER
PWD, LOURDE CENTRE, 11/31, SUB JAIL ROAD,
PERIYAR NAGAR, ALUVA P.O, ALUVA, PIN - 683101
8 UNION OF INDIA
MINISTRY OF CIVIL AVIATION, RAJIV GANDHI BHAVAN,
SUFDARJUNG AIRPORT AREA, SUFDARJUNG AIRPORT P.O.,
NEW DELHI. REPRESENTED BY ITS SECRETARY,
PIN - 110003
9 KEEZHMAD GRAMA PANCHAYTH
KEEZHMAD P.O, KEEZHMAD, REPRESENTED BY ITS
SECRETARY,PIN - 683112
10 SKYLINE RIVERVILLE APARTMENT OWNERS ASSOCIATION
SKYLINE RIVERVILLE APARTMENTS, CHALAKKAL,
MARAMPILLY P.O, ALUVA , REPRESENTED BY ITS
SECRETARY, PIN - 683105
BY ADVS.
SRI.BENNY P.THOMAS, SC, COCHIN INTERNATIONAL AIRPORT
LIMITED (CIAL)
SRI.MANU.S, CGC
GOVERNMENT PLEADER
SHRI.K.S.ARUN KUMAR, SC, KEEZHMAD GRAMA PANCHAYATH
SRI.MILLU DANDAPANI
SHRI.K.S.ARUN KUMAR
SHRI.DAYASINDHU SHREEHARI N.S., SENIOR PANEL COUNSEL
OTHER PRESENT:
SMT.NIMA JACOB-GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
05.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.41717 of 2022 3
2025:KER:39481
VIJU ABRAHAM, J.
.................................................................
W.P.(C) No.41717 of 2022
.................................................................
Dated this the 5th day of June, 2025
JUDGMENT
Though the petitioner has approached this Court challenging
Ext.P24, the learned counsel appearing for the petitioner submits that in
the light of Ext.P27 communication dated 27.02.2025 issued by the 3 rd
respondent nothing survives in this writ petition.
Recording the said submission the writ petition is closed.
Sd/-
VIJU ABRAHAM
JUDGE
cks
2025:KER:39481
APPENDIX OF WP(C) 41717/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE BUILDING PERMIT
OBTAINED BY THE PETITIONER FROM 8TH
RESPONDENT ON 06.09.2010
Exhibit P2 TRUE COPY OF THE REVISED AVIATION
CLEARANCE DATED 12.12.2012
Exhibit P3 TRUE COPY OF THE OCCUPANCY CERTIFICATE
OBTAINED FROM THE 8TH RESPONDENT DATED
1.9.2014
Exhibit P4 PHOTOGRAPH SHOWING THE FRONT VIEW OF
THE APARTMENT COMPLEX - SKYLINE
RIVERVILLE APARTMENTS
Exhibit P5 PHOTOGRAPH SHOWING THE SIDE VIEW OF THE
APARTMENT COMPLEX - SKYLINE RIVERVILLE
APARTMENTS
Exhibit P6 PHOTOGRAPH SHOWING ROAD SIDE VIEW OF
THE APARTMENT COMPLEX - SKYLINE
RIVERVILLE APARTMENTS
Exhibit P7 TRUE COPY OF EYE SKETCH TO DEMONSTRATE
THE LIE AND LOCATION OF SUCH HIGH RISE
BUILDINGS INCLUDING SKYLINE RIVERVILLE
APARTMENTS
Exhibit P8 TRUE COPY OF THE EXPLANATION SO GIVEN
BY THE PETITIONER BEFORE THE 5TH
RESPONDENT ON 28.03.2017
Exhibit P9 TRUE COPY OF THE PROCEEDINGS OF THE 5TH
RESPONDENT DATED 8.5.2017
Exhibit P10 TRUE COPY OF THE AIRCRAFT (DEMOLITION
OF OBSTRUCTION CAUSED BY BUILDING AND
TREES, ETC.) RULES, 1994
Exhibit P11 TRUE COPY OF THE WRITTEN SUBMISSION
SUBMITTED BY THE PETITIONER DATED
12.01.2021
Exhibit P12 TRUE COPY OF THE PROCEEDINGS OF THE 4TH
RESPONDENT DATED 24.01.2021.
Exhibit P13 TRUE COPY OF THE AERONAUTICAL STUDY
REPORT DRAWN BY M/S. SAKTHI AVIATION
CONSULTANCY SERVICES PVT. LTD., NEW
DELHI DATED 17.12.2020.
Exhibit P14 TRUE COPY OF THE ORDER OF THE HON'BLE
SUPREME COURT DATED 28.02.2020 IN SLP
2025:KER:39481
(C) NO. 4065/2020.
Exhibit P15 TRUE COPY OF THE JUDGMENT OF THE DELHI
HIGH COURT DATED 20.11.2018 IN W.P.(C)
Exhibit P16 TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT DATED 28.9.2020 IN W.P.
(C) 30698/2016
Exhibit P17 TRUE COPY OF THE RELEVANT EXTRACT OF
THE REVISED AVIATION CLEARANCE GIVEN TO
ARMY WELFARE HOUSING ORGANIZATION,
THIRUVANANTHAPURAM DATED 27.12.2016
Exhibit P18 TRUE COPY OF THE REVISED AVIATION
CLEARANCE GIVEN TO SRIDHANYA
CONSTRUCTIONS, ATTIPARA,
THIRUVANANTHAPURAM DATED 15.07.2016.
Exhibit P19 TRUE COPY OF THE REVISED AVIATION
CLEARANCE GIVEN TO CONFIDENT GROUP -
GOLD COAST, THIRUVANANTHAPURAM DATED
16.10.2017
Exhibit P20 TRUE COPY OF THE REVISED AVIATION
CLEARANCE GIVEN TO CONFIDENT GROUP AT
ALTHARA, THIRUVANANTHAPURAM (IN THE
NAME OF THE LAND OWNERS) DATED
06.10.2017
Exhibit P21 TRUE COPY OF THE PROCEEDINGS OF THE 4TH
RESPONDENT DATED 21.11.2021
Exhibit P22 TRUE COPY OF THE NOTICE ISSUED BY THE
1ST RESPONDENT TO THE PETITIONER DATED
2.6.2022
Exhibit P23 TRUE COPY OF THE REPLY SO GIVEN BY THE
PETITIONER DATED 14.06.2022
Exhibit P24 TRUE COPY OF THE COMMUNICATION STYLED
AS SHOW CAUSE NOTICE DATED 22.09.2022
Exhibit P25 TRUE COPY OF THE REPLY SO GIVEN BY THE
PETITIONER DATED 05.10.2022
Exhibit P26 TRUE COPY OF APPEAL / REPRESENTATION
DATED 31.10.2022 SO FILED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT
Exhibit P27 TRUE COPY OF THE COMMUNICATION RECEIVED
BY US DATED 27.02.2025 REGARDING THE
DISPOSAL OF APPEAL (EXT.P26)
