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High Court of KeralaWP(C)/9025/2015disposed of

Mary Joseph v. The Cochin International Airport Limited

2015-03-23Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 23RD DAY OF MARCH 2015/2ND CHAITHRA, 1937 WP(C).No. 9025 of 2015 (C) ---------------------------------------- PETITIONER(S) :

------------------------- MARY JOSEPH, AGED 53 YEARS, W/O.LATE JOSEPH, CHERUMANAKKAL HOUSE, KANJOOR P.O, THATTAMPADY, ERNAKULAM-687 535.

BY ADVS.SRI.SHAJI P.CHALY SRI.R.SANJITH RESPONDENT(S):

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

1. THE COCHIN INTERNATIONAL AIRPORT LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, KOCHI-683 111.

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

3. JOPHY VARGHESE, S/O.KUNJU VAREED @ VARGHESE, PADAYATTI HOUSE, KALADY P.O, ANGAMALY, ERNAKULAM-683 574.

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

R1 & R2 BY ADV.SRI.M.GOPIKRISHNAN NAMBIAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 9025 of 2015 (C) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT P1 :

TRUE COPY OF THE LAND ACQUISITION CERTIFICATE BEARING LAC NO.140/97 DATED 14-05-1999.

EXT P2 :

THE DEATH CERTIFICATE ISSUED BY GOVERNMENT OF KERALA DATED 30-06-2008.

EXT P3 :

TRUE COPY OF THE COMPLAINT OF THE PETITIONER. EXT P4 :

TRUE COPY OF THE JUDGMENT IN W.P.(C).NO.9998/2014. EXT P5 :

TRUE COPY OF THE JUDGMENT IN W.P.(C).NO.30280/2014. EXT P6 :

TRUE COPY OF THE JUDGMENT IN W.P.(C).NO.329/2015. RESPONDENT(S)' EXHIBITS ----------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

P.R. RAMACHANDRA MENON, J.

--------------------------------------- W.P.(C) No.9025 of 2015 --------------------------------------- Dated this the 23rd day of March, 2015

JUDGMENT

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 Exhibit 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 petitioenr 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.

iv) 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."

The learned counsel for the petitioner submits that, the grievance of the petitioner has also been projected by way of Ext.P3 complaint and that the petitioner will be satisfied, if a direction is given to the second respondent to have it considered

W.P.(C) No.9025 of 2015 and finalized within a reasonable time.

2. Heard the learned Government Pleader as well.

3. In view of the limited extent of relief sought for and proposed to be given, this Court does not find it necessary to issue notice to respondents 3 and 4 or to deal with the merits of the case.

4. In the above circumstances, there will be a direction to the second respondent to consider and pass appropriate orders on Ext.P3, with notice of hearing to the petitioner and respondents 3 and 4, at the earliest, at any rate, within 'two months' from the date of receipt of a copy of this this judgment. The petitioner shall produce a copy of this judgment, along with a copy of the writ petition, before the second respondent, for further steps.

The writ petition is disposed of.

Sd/- P.R. RAMACHANDRA MENON, JUDGE sp