Kerala High Court
Vinod vs Cial (Cochin International Airport ... on 10 October, 2025
Author: T.R.Ravi
Bench: T.R.Ravi
2025:KER:75232
WP(C) NO. 34153 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 10TH DAY OF OCTOBER 2025 / 18TH ASWINA, 1947
WP(C) NO. 34153 OF 2025
PETITIONER:
VINOD
AGED 59 YEARS
S/O V R SIVANANDAN, RESIDING AT VILLA NO19, DEW
HOMES VILLAS, NEDUMBASSERY P O, ERNAKULAM, PIN -
683585
BY ADVS.
SRI.ACHUTH KYLAS
SMT.SREEDEVI KYLASANATH
SHRI.SACHIN.P.K
SHRI.VARGHESE XAVIER
RESPONDENTS:
1 CIAL (COCHIN INTERNATIONAL AIRPORT LTD)
REPRESENTED BY ITS MANAGING DIRECTOR KOCHI
AIRPORT PO KOCHI, KERALA, PIN - 683111
2 THE CHAIRMAN
CIAL (COCHIN INTERNATIONAL AIRPORT LTD), KOCHI
AIRPORT PO KOCHI, KERALA, PIN - 683111
3 COCHIN INTERNATIONAL AVIATION SERVICES LTD
REPRESENTED BY ITS CHAIRMAN, COCHIN INTERNATIONAL
AIRPORT, NEDUMBASSERY, ERNAKULAM, PIN - 683111
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WP(C) NO. 34153 OF 2025
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4 MANAGING DIRECTOR
COCHIN INTERNATIONAL AVIATION SERVICES LTD.
(CIASL),COCHIN INTERNATIONAL AIRPORT,
NEDUMBASSERY, ERNAKULAM, PIN - 683111
BY ADVS.
SHRI.ABEL TOM BENNY
SRI.D.PREM KAMATH
SRI.TOM THOMAS (KAKKUZHIYIL)
SHRI.AARON ZACHARIAS BENNY
SHRI.ALAN J YOGYAVEEDU
SMT.JYOTHIKA KRISHNA
SHRI. MATHEW ANGELO DAVIS
SMT.ANANDITHA RAJEEV
SRI. SUJIN, SC, COCHIN INTERNATIONAL AIRPORT
LIMITED
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.10.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) NO. 34153 OF 2025
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T.R. RAVI, J.
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W.P(C). No. 34153 of 2025
--------------------------------------------
Dated this the 10th day of October, 2025
JUDGMENT
This writ petition has been filed seeking to quash
Ext.P17 and for a direction to respondents 1 and 2 to
reconsider Exts.P15 and P16 representations submitted by
the petitioner. The respondents in this case is the Cochin
International Airport Ltd (CIAL). The question whether the
writ petition will be maintainable against the petitioner
was considered by this Court in the judgment in
W.P(C).No.7219 of 2014 and the learned Single Judge
categorically held that a writ petition would not lie under
Article 226 of the Constitution of India.
2. On another occasion, the matter came up
before a Division Bench of this Court in Shiv Mohan vs.
Cochin International Airport Limited and Others in
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WP(C) NO. 34153 OF 2025
W.A.No.552 of 2020 and the Division Bench confirmed the
said view. The counsel for the petitioner relied on the
judgment of the High Court of Bombay in Writ
Petition.No.12161 of 2019 to submit that the right to leave
encashment is akin to salary, which is property under
Article 300 A of the Constitution of India and the employee
can approach the Court for relief. However, it was a case
where the respondent fell within the definition of "State"
and was amenable to writ jurisdiction. The principle laid
down there will not apply in the case of the respondent
herein.
In view of the categoric pronouncement, this writ
petition cannot be held to be maintainable. The writ
petition is dismissed without prejudice to the right of the
petitioner to move to the appropriate forum for the reliefs
prayed for.
Sd/-
T.R.RAVI
JUDGE
LEK
2025:KER:75232
WP(C) NO. 34153 OF 2025
APPENDIX OF WP(C) 34153/2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE OFFICE ORDER NO.
CIASL/P&A/120/2017/05 DATED 22.02.2017
ISSUED BY THE 4TH RESPONDENT TO THE
PETITIONER GIVING ADDITIONAL CHARGE OF
LMM POST
Exhibit P2 THE TRUE COPY OF THE OFFICE ORDER NO.
CIASL/P&A/120/2018/60 DATED 10.12.2018
ISSUED BY THE MANAGER (F&A) ASSIGNING
SPECIAL DUTIES TO THE PETITIONER
Exhibit P3 THE TRUE COPY OF THE OFFICE ORDER NO.
CIASL/P&A/120/2024 DATED 05.09.2024
ISSUED BY 4TH RESPONDENT REMOVING
PETITIONER FROM THE POST OF LMM
Exhibit P4 THE TRUE COPY OF THE CIRCULAR BEARING
NO. CIASL/P&A-268/2024 DATED
18.09.2024, INVITING APPLICATIONS FOR
THE LMM POST AND RELATED COMMUNICATIONS
ARE PRODUCED HEREWITH AND MARKED
Exhibit P5 THE TRUE COPY OF THE REPRESENTATION
DATED 25.09.2024 BEFORE THE CHIEF
MINSTER OF KERALA WHO IS THE CHAIRMAN
OF CIASL, SUBMITTED BY THE PETITIONER
Exhibit P6 THE TRUE COPY OF THE E-MAIL
COMMUNICATION, RESPONSE TO THE EXHIBIT
P5 DATED 10.10.2024 TO THE PETITIONER
ISSUED BY ONE BINDU P DAS,
Exhibit P7 THE TRUE COPY OF THE REPLY TO THE EXT
P6 THROUGH E-MAIL DATED 14.10.2024
SUBMITTED BY THE PETITIONER
Exhibit P8 THE TRUE COPY OF THE REPRESENTATION
DATED 16.10.2024 BEFORE THE CHIEF
MINSTER OF KERALA SUBMITTED BY THE
PETITIONER
Exhibit P9 THE TRUE COPY OF THE RESIGNATION LETTER
DATED 23.10.2024 SUBMITTED BY THE
PETITIONER BEFORE THE 4TH RESPONDENT
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WP(C) NO. 34153 OF 2025
Exhibit P10 THE TRUE COPY OF THE RESIGNATION LETTER
DATED 23.10.2024 SUBMITTED BY THE
PETITIONER AFTER THE ALTERATION OF THE
STATED GROUNDS FOR RESIGNATION BY THE
4TH RESPONDENT
Exhibit P11 THE TRUE COPY OF THE OFFICE LETTER NO.
CIASL/P&A/107/2024 DATED 23.12.2024
ISSUED BY THE CIASL TO THE PETITIONER
STATING THE WAIVER REQUEST OF SERVICE
BOND CANNOT BE CONSIDERED
Exhibit P12 THE TRUE COPY OF THE BOND AGREEMENT
DATED 11.08.2021 BETWEEN THE PETITIONER
AND THE CIAS
Exhibit P13 THE TRUE COPY OF THE REPRESENTATION
DATED 06.01.2025 BEFORE THE 4TH
RESPONDENT REQUESTING FOR BOND WAIVER
SUBMITTED BY THE PETITIONER
Exhibit P14 THE TRUE COPY OF THE COMMUNICATION
BEARING NO. CIASL/P&A/107/2024 DATED
13.01.2025 ISSUED BY THE CIASL TO THE
PETITIONER
Exhibit P15 THE TRUE COPY OF THE REPRESENTATION
DATED 19.05.2025 BEFORE THE 3RD
RESPONDENT SUBMITTED BY THE PETITIONER
Exhibit P16 THE TRUE COPY OF THE REPRESENTATION
DATED 19.05.2025 BEFORE THE 2ND
RESPONDENT SUBMITTED BY THE PETITIONER
Exhibit P17 THE TRUE COPY OF THE COMMUNICATION
DATED 11.07.2025 ISSUED BY THE
EXECUTIVE DIRECTOR, CIAL
