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Madras High CourtWP(MD)/11200/2011disposed of

M/S. Balika Air Services, v. Union Of India

2017-11-21Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.11200 and 11201 of 2011 and W.M.P(MD)No.1 in WP(MD)No.11200/2011 and W.M.P(MD)Nos.1 and 2/2011 in WP.11201/2011 M/s.Balika Air Services, Old No.161-A, New No.136, 2nd Floor, North Veli Street, Madurai - 625 001.

.. Petitioner in both W.Ps.

Vs.

1.Union of India rep. by its Secretary to Government, New Delhi.

2.The Airports Authority of India rep. by its Chairperson, Rajiv Gandhi Bhavan, Safdarjung Airport, New Delhi.

3.Bureau of Civil Aviation Security rep. by its Commissioner, Ministry of Home Affairs, 'A' Wing - 1, 3rd Floor, Janpath Bhavan, New Delhi.

4.Bureau of Civil Aviation Security rep. by its Regional Deputy Commissioner of Security, Airport Complex, Meenambakkam, Chennai - 600 029.

5.Director General of Civil Aviation, Aurbindo Marg, Opposite Safdarjung Airport, New Delhi - 110 003.

6.Airports Authority of India rep. by the Airport Director, ATS Complex, Chennai Airport, Chennai - 600 027.

7.The Airport Director, Tiruchirappalli - 620 007.

8.The Airport Director, Madurai - 625 022.

9.Bhadra International (India) Limited, No.42, Jhansi Road, M.M.Road, Delhi - 110 055.

.. Respondents in both W.Ps.

COMMON PRAYER: Writ Petitions are filed under Article 226 of the Constitution of India praying for the issuance of a Writ of declaration declaring the Aeronautical Information Circular AIC SL.No.3/2010 dated 02.06.2010 and the Airports Authority of India (General Management, Entry for Ground Handling Services) Regulations, 2007, respectively as unconstitutional and ultravires and consequently direct the second and seventh respondents to allow the petitioner to continue to act at Ground Handling Agent of concerned Airlines at Tiruchirappalli Airport. For Petitioner : No appearance in both W.Ps.

For Respondent No.1 : Mr.R.Murugappan, in both W.Ps.

Senior Panel Counsel for Central Government.

For Respondents 3 and 5 : Mr.C.Nandagopal in W.P(MD)No.11200 of 2011 For Respondents 3 and 5 : Mr.M.N.Sankaran in W.P(MD)No.11201 of 2011 For Respondent No.8 : Mr.C.Godwin in both W.Ps.

For Respondents 2, 4, 6, 7 : No appearance and 9 in both W.Ps.

COMMON ORDER These writ petitions are filed seeking a writ of declaration to declare that the Aeronautical Information Circular AIC SL.No.3/2010 dated 02.06.2010 and the Airports Authority of India (General Management, Entry for Ground Handling Services) Regulations, 2007, are unconstitutional and ultravires and consequently direct the second and seventh respondents to allow the petitioner to continue to act at Ground Handling Agent of concerned Airlines at Tiruchirappalli Airport.

2.When the matter was taken up for hearing on 23.10.2017, there was no representation on the behalf of the petitioner in both the writ petitions. Hence, the matter was directed to be posted on 21.11.2017 (today). Even today, when the matter is taken up for

hearing, there is no representation on behalf of the petitioner in both the writ petitions .

3.The learned counsel appearing for the respondents 3 and 5 in both the writ petitions would submit that the issues raised in the writ petitions are covered by the Judgment rendered by the High Court of Delhi at New Delhi, dated 04.03.2011, passed in W.P.(C) 8004/2010 and the said writ petition has been dismissed. 4.Under such circumstances, nothing survives for further adjudication in the present writ petitions and accordingly, the writ petitions are dismissed.

No costs. Consequently, connected Miscellaneous Petitions are dismissed.

Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar To 1.Union of India rep. by its Secretary to Government, New Delhi.

2.Bureau of Civil Aviation Security rep. by its Commissioner, Ministry of Home Affairs, 'A' Wing - 1, 3rd Floor, Janpath Bhavan, New Delhi.

3.Director General of Civil Aviation, Aurbindo Marg, Opposite Safdarjung Airport, New Delhi - 110 003.

+1cc to Mr.R.MURUGAPPAN,Advocate,SR.88664 +2cc to Mr.C.NANDAGOPAL,Advocate,SR.88570,88571 +1cc to Mr.C.GODWIN,Advocate,SR. 88561 W.P(MD)No.11200 and 11201 of 2011 and W.M.P(MD)Nos.1, 1 and 2 of 2011 21.11.2017 SMN KK/SV MMS/SAR 3/20.02.2018/ 3P- 8C/