M/S.Siddhi Vinayak Enterprises v. Airports Authority Of India,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 03.08.2016
CORAM:
THE HON'BLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.40961 of 2015 and M.P.No.1 of 2015 M/s.Siddhi Vinayak Enterprises Rep. by its Proprietor, Mrs.R.Devika ... Petitioner Vs.
1.Airports Authority of India, Chennai Airport, Rep. By its Airport Director, Chennai Airport, Chennai - 600 027.
2.Deputy General Manager (Commercial) Airport Authority of India, Chennai Airport, Chennai - 600 027.
... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, calling for the records of the respondent relating to the order of the second respondent in AAM/C.2257/962010/3598 dated 14.12.2015 and to quash the same and directing the respondents to refer the dispute for arbitration. For Petitioner : Mr.Muthumani Doraisami For Respondents: Mr.FR.A.Xavier Arulraj, Senior Counsel assisted by Ms.A.Arulmary [R1 & R2] ******
O R D E R
The petitioner has submitted a letter dated 26.07.2016 to the first respondent expressing his difficulty and also permitting him to pay dues in three installments and also indicated that in the said correspondence, his inclination to withdraw this writ petition.
2. In response to the said submission, the first respondent vide letter dated 28.07.2016 in AAM/C.2257/962010/2017-24 has communicated the decision and it is relevant to extract hereunder:
"Sub: License for Operating Left Luggage facility at Chennai Airport-Dispute regarding the license fee -Writ Petition No.40961- Amicable Settlement.
Sir, Please refer your letter No.SVE/CHN/LLF/2016 dated 26.07.2016 on the above cited subject.
In this regard, the Competent Authority has considered your request for payment of outstanding dues in 3 installments. The said license is also extended for a further period upto 31.03.2017 on payment of existing license fee of Rs.78,650/- p.m. plus utility/facilitation charges plus service tax with 10% compound annual escalation after completion of one year.
The existing Security Deposit available with AAI may be got renewed for the extended period. The above extension is subject to clearance of all outstanding dues which may be complied with. The other terms and conditions of license shall remain unchanged.
Kindly acknowledge the receipt.
Yours Sincerely, (T.S.Subha Lakshmi) (DGM Commercial)"
3. The letter of the petitioner dated 26.07.2016 as well as reply of the first respondent dated 28.07.2016 are taken on file and placed on record.
4. In the light of the communication of the first respondent dated 28.07.2016, this Writ Petition is closed. No costs. Consequently, connected miscellaneous petition is closed.
vsm Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar
To
1. The Airport Director, Airports Authority of India, Chennai Airport, Chennai Airport, Chennai - 600 027.
2. The Deputy General Manager (Commercial) Airport Authority of India, Chennai Airport, Chennai - 600 027.
+ 1 cc to Mr.Muthumani Doraisami, Advocate Sr 44522 + 1 cc to Ms.A.Arulmary , Advocate Sr 44141 KR/29/8/16 Writ Petition No.40961 of 2015