P.M.Varghese v. The Cochin International Airport Ltd.

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 10TH DAY OF MARCH 2015/19TH PHALGUNA, 1936 WP(C).No. 7481 of 2015 (I) --------------------------- PETITIONERS:

-------------------------- P.M.VARGHESE AGED 54 YEARS S/O.LATE MATHEW @ MATHU, PARAKKAL HOUSE CHERIYA VAPPALASSERY, ANGAMALY SOUTH P.O., ERNAKULAM. BY ADVS.SRI.SHAJI P.CHALY SMT.C.S.SINDHU KRISHNAH RESPONDENTS:

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

1. THE COCHIN INTERNATIONAL AIRPORT LTD.

REPRESENTED BY ITS MANAGING DIRECTOR KOCHI - 683 111.

2. THE MANAGING DIRECTOR, COCHIN INTERNATIONAL AIRPORT LIMITED KOCHI AIRPORT P.O., ERNAKULAM - 683 111.

3. MATHACHAN P.K.

PADAYATTIL HOUSE, ANGAMALY, ERNAKULAM - 683 572.

4. THE TAXI OPERATORS CO-OPERATIVE SOCIETY LIMITED THE COCHIN INTERNATIONAL AIRPORT LIMITED NEDUMBASSERY, KOCHI AIRPORT P.O., ERNAKULAM - 683 111 REPRESENTED BY ITS SECRETARY.

R BY SRI.M.GOPIKRISHNAN NAMBIAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 7481 of 2015 (I) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1 - TRUE COPY OF THE LAND ACQUISITION CERTIFICATE BEARING LAC NO. 37/95 EXHIBIT-P2 - TRUE COPY OF THE DEATH CERTIFICATE ISSUED BY GOVERNMENT OF KERALA DATED 24/01/2000.

EXHIBIT-P3 - TRUE COPY OF THE COMPLAINT OF THE PETITIONER. EXHIBIT-P4 - TRUE COPY OF THE JUDGMENT IN W.P(C) NOS. 9998/2014 AND 28160/2014 DATED 20.06.2014 AND 28.10.2014 RESPONDENT(S)' EXHIBITS --------------------------------------- NIL //TRUE COPY// P.A. TO JUDGE JJJ

P.R.RAMACHANDRA MENON, J.

------------------------------------------ W.P.(C) No. 7481 of 2015 ------------------------------------------ Dated this the 10th day of March, 2015

J U D G M E N T

The petitioner has approached this court with the following prayers:

"i) To issue a writ of mandamus and command respondents 1 and 2 to cancel the taxi permits/vehicle pass unauthorisedly and unlawfully held by the 3rd respondent based on Ext.P1 Land Acquisition Certificate with immediate effect.

ii) To issue a writ of mandamus and command respondents 1 and 2 to take necessary steps to grant a taxi permit to the petitioner with the 1st respondent based on Exhibit P1 Land Acquisition Certificate within a time frame to be fixed by this Honourable Court.

iii) To issue a writ of mandamus and command respondents 1 and 2 to pass final orders on Exhibit P3 complaint preferred by the petitioner against the 3rd respondent within a time frame to be fixed by this Honourable Court.

W.P.(C) No.7481/2015 -2iv) To pass any other and such other orders as this Honourable Court deem fit to pass in the nature and circumstances of the case.

v) To award the cost of this proceedings."

2.

Heard the learned Standing Counsel appearing for the 2nd respondent.

3.

Considering the limit extend of relief sought for, this Court does not find it necessary to issue notices to the 3rd and 4th respondents for the time being.

Writ Petition is disposed of directing the 2nd respondent to consider and pass appropriate orders on Ext.P3 in accordance with law, also giving an opportunity of hearing to the petitioner and also to respondents 3 and 4 at the earliest, at any rate within two months from the date of receipt of a copy of this judgment. Sd/- P.R. RAMACHANDRA MENON, JUDGE jjj