Thressiamma Antony v. Cial

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 16TH DAY OF JUNE 2015/26TH JYAISHTA, 1937 WP(C).No. 17934 of 2015 (N) ---------------------------- PETITIONER(S):

------------- THRESSIAMMA ANTONY, AGED 50 YEARS, W/O.ANTONY, KALLARA HOUSE, THURAVURKARA P.O., KANJOOR, ERNAKULAM.

BY ADVS.SRI.R.SANJITH & SMT.C.S.SINDHU KRISHNAH.

RESPONDENT(S):

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

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

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

3. DEVASSY, AREECKAL VEEDU, EDANADU, SREEMOOLANAGARAM, ERNAKULAM - 683 580.

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

BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rvs.

WP(C).No. 17934 of 2015 (N) APPENDIX PETITIONER(S)' EXHIBITS :

------------------------ EXHIBIT P1. COPY OF THE LAND ACQUISITION CERTIFICATE BEARING NO.LAC 665/94 DATED 3.8.99.

EXHIBIT P2. COPY OF THE COMPLAINT OF THE PETITIONER TO THE 2ND RESPONDENT.

EXHIBIT P3. COPY OF THE JUDGMENT IN WPC 9998/2014. EXHIBIT P4. COPY OF THE JUDGMENT IN WPC 30280/2014. EXHIBIT P5. COPY OF THE JUDGMENT IN WPC 329/2015. RESPONDENT(S)' EXHIBITS :

----------------------- NIL.

/TRUE COPY/ P.A.TO JUDGE RVS.

K. VINOD CHANDRAN, J.

===================== ====================== Dated this the 16th day of June, 2015

J U D G M E N T

The petitioner has approached this Court with the following reliefs:

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 Ext.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 Ext.P2 complaint preferred by the petitioner against the 3rd respondent within a time frame to be fixed by this Honourable Court.

2. The learned counsel for the petitioner submits that the property belonging to the petitioner was acquired for setting of the Airport Complex and that there was some 'memorandum

of understanding' to the effect that the persons from whom property was acquired, will be considered for granting taxi permit, once the Airport is set in operation. The grievance of the petitioner is that, making some misrepresentation, the 3rd respondent had approached the 1st and 2nd respondents and obtained the permit by cheating the petitioner. This made the petitioner to approach the 1st and 2nd respondents by filing Ext.P2 complaint. Till date, no positive action has been taken, and hence, the writ petition.

3. Heard the learned Standing Counsel appearing for the respondents 1 and 2 as well.

4. In view of the limited extent of relief proposed to be given, this Court does not find it necessary to issue notice to the 3rd and 4th respondents for the time being. The writ petition is disposed of, directing the 2nd respondent to consider Ext.P2 and pass appropriate orders after

affording an opportunity of hearing to the petitioner as well as the respondents 3 and 4. The proceedings as above shall be finalised at the earliest, at any rate within two months from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the second respondent.

Sd/- K. VINOD CHANDRAN, JUDGE SB // true copy // P.A to Judge.