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High Court of KeralaWP(C)/1965/2015dismissed

Puliyot Aboobacker v. Air India

2015-07-21Honourable Mr. Justice Sunil Thomas,Honourable Mr.Justice Thottathil B.Radhakrishnan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE SUNIL THOMAS TUESDAY, THE 21ST DAY OF JULY 2015/30TH ASHADHA, 1937 WP(C).No. 1965 of 2015 (S) --------------------------- PETITIONER:

----------- PULIYOT ABOOBACKER S/O.PULIYOT IMBICHALI, PUTHIYOTTIL HOUSE, P.O.MOOLAD NADUVANNUR, KOZHIKODE-673614 NOW WORKING AT P.O.BOX 22078 MANAMA BAHRAIN.

BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS:

------------

1. AIR INDIA REPRESENTED BY ITS MANAGING DIRECTOR AIR INDIA LIMITED, THE AIR INDIA BUILDING NARIMAN POINT, MUMBAI.

2. MANAGER, AIR INDIA OFFICE, COLLIS ESTATE, MG.ROAD, RAVIPURAM KOCHI-682016

3. UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE MINISTERY OF CIVIL AVAIATION GOVERNMENT OF INDIA, RAJIV GANDHI BHAVAN SAFDURJUNG AIRPORT, NEW DELHI-110003 R1-R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R1-R2 BY ADV. SRI.P.GOPINATH R1-R2 BY ADV. SRI.P.BENNY THOMAS R1-R2 BY ADV. SRI.K.JOHN MATHAI R1-R2 BY ADV. SRI.JOSON MANAVALAN R1-R2 BY ADV. SRI.KURYAN THOMAS R3 BY ADV. N. NAGARESH, ASSISTANT SOLICITOR GENERAL OF INDIA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 1965 of 2015 APPENDIX PETITIONER(S)' EXHIBITS:

------------------------ EXHIBIT P1 :

TRUE COPY OF THE REPRESENTATION DATED 23.12.2014 TOGETHER WITH POSTAL RECEIPT.

RESPONDENT(S)' EXHIBITS:

True Copy P.A to Judge

THOTTATHIL B. RADHAKRISHNAN & SUNIL THOMAS, JJ.

============================== W.P(C).No.1965 of 2015 ============================== Dated this the 21st day of July, 2015

JUDGMENT

Thottathil B. Radhakrishnan, J.

This writ petition is filed as one which involves certain public interest issues. We have heard the learned counsel for the petitioner, learned counsel appearing for respondents 1 & 2 and the learned Assistant Solicitor General of India for the third respondent. 2.

The complaint of the petitioner is that the cancellation of Bahrain - Trivandrum flights by Air India is adverse to the interest of the eligibility of the citizens' right to lawful movement and to travel abroad. It is pointed out that the competitive fares available through Air India's operations are not extended by other international operators. Air India has placed a statement on record which clearly covers the issues which are sought to be agitated through the making of representation to the Air India authorities. We say so, because, even as of now, Air India is operating daily flights from Trivandrum to Bahrain via Delhi. The statement gives vivid details about the inability of Air India to operate direct flights from Trivandum to Bahrain. The views of the appropriate authorities

W.P(C).1965/15 governing flight operations have also gone into the making of the policy decision of the Air India, not to operate international flights from Trivandrum directly to Bahrain. Under such circumstances, we are unable to hold that any useful purpose would be served by the High Court directing the Air India to consider Ext.P1 representation. We also see that having regard to the facts disclosed through the statement, no public interest exists for consideration in this writ petition. The facility available to the people of Kerala through different sectors for movement to different UAE destinations fortify this view. For these reasons, we hold that no direction can be issued. This writ petition fails.

In the result, this writ petition is dismissed. Sd/- THOTTATHIL B. RADHAKRISHNAN Judge Sd/- SUNIL THOMAS Judge Sbna