M/S. Flemingo Duty Free Shop v. Airports Authority Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN W.A.No.965 of 2017 1 M/s. Flemingo Duty Free Shop P Ltd Rep. by its Senior Manager C.Ramesh D73 ITTC Industrial Area Navi Mumbai-400 705 Having off at 39 I Floor K.V.Apartments Chennai-86 ...

appellant Vs 1 Airports Authority of India (Southern Region) Rep. by its Regional Executive Director Office of Regional Executive Director Operational Offices Southern Region Chennai-27 2 AGM Duty Free Selatan Sdn BH 16th Floor Menara Safaun 50450 Kulalampur Malaysia Present Off. 86/A Royal Complex Sankari Road Seetharampalayam Trichencode Namakkal District, Tamil Nadu-637 209 3 Airports Authority of India Rep. by its Chairman Rajiv Gandhi Bhawan Safdarjung Airport New Delhi-110 003 ...

respondents Writ Appeal under clause 15 of Letter patent filed against the order passed by this Court dated 23.3.2017 in WP No.15777/2016.

Prayer in WP.No.15777/2016:Petition filed under Article 226 of the constitution of India praying for a writ of certiorarified mandamus to call for the for the records of the 1st respondent in Request for Proposal dt. Sept 2015 (E-Bid No.1000013196 dt. 15.12.2015) culminating in proceedings dt. 24.03.2016 and quash the proceedings dt. 24.03.2016 and consequently direct the 1st respondent to declare that the bid submitted by the 2nd respondent pursuant to the Request for Proposal dt. Sept 2015 (EBid NO.1000013196 dt. 15.12.2015) stands disqualified being contrary to the Threshold Eligibility Criteria 2.2.2 of the Request for proposal dt. Sept 2015 (E-Bid No 1000013196 dt. 15.12.2015)(prayer amended as per the order 03.2017 made in WMP.No.33437 of 2016 in WP.No.15777/2016) For appellant : Mr.P.S.Raman, Senior Counsel, for Mr.L.Muralikrishnan For Respondents 1 & 3 : Mr.R.Parthiban For 2nd respondent : Mr.R.Nalliappan

J U D G M E N T

(made by K.K.SASIDHARAN, J.) The appellant challenged the proceedings of the Airport Authority of India, Chennai, awarding duty free outlet at Madurai Airport. Similar challenge was made to the award of contract for conducting duty free shop at Trivandrum International Airport, before the Kerala High Court in W.P.(C) No.861 of 2016. The learned Single Judge dismissed the Writ Petition on merits. On appeal, the Division Bench of Kerala High Court confirmed the order passed by the learned Single Judge and dismissed the appeal.

2. The Writ Petition filed by the appellant was dismissed by the learned Single Judge. Feeling aggrieved, the appellant has come up with this intra court appeal.

3. The appellant challenged a similar contract before the Kerala High Court. The facts are similar. The Kerala High Court dismissed the Writ Petition on merits. The appeal filed before the Division Bench was also dismissed vide judgment reported in CDJ 2017 Ker HC 773 (M/s.Flemingo Duty Free Shop Pvt. Ltd. vs. Union of India, New Delhi). The order would cover the issue raised in this intra court appeal. We are therefore of the view that the appeal must be dismissed, following the order passed by the Division Bench of the Kerala High Court in M/s.Flemingo Duty Free Shop Pvt. Ltd.

4. In the upshot, we dismiss the intra court appeal. No costs. Consequently, connected M.P.s, are also dismissed. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar To 1 The Regional Executive Director Airports Authority of India (Southern Region) Operational Offices Southern Region Chennai-27 2 AGM Duty Free Selatan Sdn BH 16th Floor Menara Safaun 50450 Kulalampur Malaysia Present Off. 86/A Royal Complex Sankari Road Seetharampalayam Trichencode Namakkal District, Tamilnadu-637 209

3 The Chairman, Airports Authority of India Rajiv Gandhi Bhawan Safdarjung Airport New Delhi-110 003 +1cc to Mr.L.Muralikrishnan, Advocate Sr.No.26848 +1cc to Mr.R.Parthiban Advocate Sr.No.25805 SG(CO) sm:15.5.2018 W.A.No.965 of 2017 09.04.2018 `(CO) SM(27/11/2017)(CO) SM(27/11/2017)