Kerala High Court
Island Aviation Services Ltd vs Union Of India on 17 January, 2000
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY, THE 11TH DAY OF MARCH 2016/21ST PHALGUNA, 1937
WP(C).No. 18127 of 2012 (M)
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PETITIONER(S):
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ISLAND AVIATION SERVICES LTD.,
NATIONAL CARRIER OF MALDIVES, REG.OFFICE AT GLASS
HOUSE, PANAVILA JUNCTION, THYCAUD P.O.,
TRIVANDRUM-695 014, REP. BY THE REPRESENTATIVE
(INDIA), MR.STANLEY PAULUS, AGED 66 YEARS,
S/O.J.P.PAULUS.
BY ADV. SRI.S.SHARAN
RESPONDENT(S):
---------------
1. UNION OF INDIA,
REP. BY SECRETARY TO GOVERNMENT OF INDIA,
CIVIL AVIATION DEPARTMENT, RAJIV GANDHI BHAVAN,
SAFDARJUNG AIRPORT, NEW DELHI-110 001.
2. THE DIRECTOR,
AIRPORT AUTHORITY OF INDIA,
THIRUVANANTHAPURAM-695 001.
3. THE EXECUTIVE DIRECTOR (COMMERCIAL),
AIRPORT AUTHORITY OF INDIA, RAJIV GANDHI BHAVAN,
SAFDARJUNG AIRPORT, NEW DELHI-110 001.
4. THE DEPUTY COMMISSIONER OF SECURITY (CA),
BUREAU OF CIVIL AVIATION SECURITY (MINISTRY OF
CIVIL AVIATION), GOVERNMENT OF INDIA, A WING,
JANPATH BHAVAN, JANPATH, NEW DELHI-110 001.
R1 & R4 BY ADV. SRI.N.NAGARESH,ASG OF INDIA
R2 & R3 BY ADV. SRI.V.SANTHARAM
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 11-03-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Msd.
WP(C).No. 18127 of 2012 (M)
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APPENDIX
PETITIONER(S)' EXHIBITS :
--------------------------
P1 : A TRUE COPY OF THE NOTIFICATION DATED 17.01.2000
ISSUED BY THE AIRPORT AUTHORITY OF INDIA (GENERAL
MANAGEMENT) ENTRY FOR GROUND HANDLING SERVICES
(REGULATIONS), 2000.
P2 : A TRUE COPY OF THE RELEVANT EXTRACT OF THE
INTERNATIONAL CIVIL AVIATION CONVENTION SIGNED AT
CHICAGO ON 7TH DECEMBER 1944.
P3 : A TRUE COPY OF THE RELEVANT EXTRACT INTERNATIONAL
CONVENTION CONVENED AT MONTREAL (GROUND HANDLING AT
AIRPORTS) ON 28THE JUNE 2000.
P4 : A TRUE COPY OF THE ORDER DATED 02.01.2008 ISSUED BY
THE 4TH RESPONDENT TO THE PETITIONER.
P5 : A TUE COPY OF THE LETTER DATED 26.06.2008 ISSUED BY
THE DIRECTOR GENERAL OF CIVIL AVIATION HAS AUTHORIZED
TO OPERATE AIR SERVICES.
P6 : A TRUE COPY OF THE LABOUR REGISTRATION CERTIFICATE
NO.D/32/161/W DATED 04.06.2008 ISSUED BY ASST. LABOUR
OFFICER, THIRUVANANTHAPURAM.
P6(A): A TRUE COPY OF THE EMPLOYEES STATE INSURANCE
CERTIFICATE NO.48000 31785 0001022 DATED 27.04.2011
ISSUED BY THE EMPLOYEES STATE INSURANCE CORPORATION,
THRISSUR.
P7 : A TRUE COPY OF THE PF REGISTRATION CERTIFICATE
NO.KR/TVM/22829/TVM/ENF.I(1)/08 DATED 31.12.2008
ISSUED BY THE ASST. PROVIDENT FUND COMMISSIONER,
THIRUVANANTHAPURAM.
P8 : A TRUE COPY OF THE REGULATION DATED 18.10.2007 ISSUED
BY AIRPORTS AUTHORITY OF INDIA.
P9 : A TRUE COPY OF THE CIRCULAR NO.AIC SL.NO.3/2010,
DATED 02.06.2010 ISSUED BY DIRECTOR GENERAL OF CIVIL
AVIATION, NEW DELHI.
P10 : A TRUE COPY OF THE AMENDED NOTIFICATION
DATED 02.12.2010 ISSUED BY AIRPORT AUTHORITY OF INDIA.
P11 : A TRUE COPY OF THE ORDER NO.3/2009 DATED 21.08.2009
ISSUED BY BUREAU OF CIVIL AVIATION SECURITY,
NEW DELHI.
WP(C).No. 18127 of 2012 (M)
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P12 : A TRUE COPY OF THE COMMUNICATION
NO.AV-20036/06/RTI/PIO/VOL.V/ DATED 30.08.2010 ISSUED
BY AIR PORT AUTHORITY OF INDIA, NEW DELHI.
P13 : A TRUE COPY OF THE COMMUNICATION DATED 19.08.2011
ISSUED BY AIR PORT AUTHORITY OF INDIA, NEW DELHI.
P14 : A TRUE COPY OF THE ORDER DATED 20.07.2012 IN
SLP NO.7764/2011 OF THE SUPREME COURT OF INDIA.
P15 : A TRUE COPY OF THE COMMUNICATION NO.AAT/COM/9(91)/1
(81)/2012/554 DATED 11.04.2012 ISSUED BY
THE 2ND RESPONDENT.
P16 : A TRUE COPY OF THE LETTER NO.AAT/OPS/13/2012/306
DATED 20.07.2012 ISSUED BY AIRPORTS AUTHORITY OF
INDIA.
P17 : A TRUE COPY OF THE LETTER NO.CAS-3(32)/2005-DIV-IIIB
(TRIVANDRUM), DATED 11.07.2012 ISSUED BY
THE 4TH RESPONDENT.
P18 : A TRUE COPY OF THE LETTER DATED 03.10.2011 ISSUED BY
THE PETITIONER TO THE REGIONAL DEPUTY COMMISSIONER
OF SECURITY, BUREAU CIVIL AVIATION SECURITY, CHENNAI.
P19 : A TRUE COPY OF THE LETTER NO.AAT/OPS/13/2011/586
DATED 28.10.2011 ISSUED BY THE AIRPORTS AUTHORITY
OF INDIA (2ND RESPONDENT) TO THE PETITIONER.
P20(A): A TRUE COPY OF THE LETTER NO.AV-20036/RTI/2011/566
DATED 25.04.2011 ISSUED BY THE 3RD RESPONDENT TO
MR.JHAZY SALMON AND NOTE OF THE 3RD RESPONDENT.
P20(B): A TRUE COPY OF THE LETTER DATED 02.12.2010 FROM
THE MINISTRY OF CIVIL AVIATION FROM THE UNDER
SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF CIVIL
AVIATION TO MANAGER, GOVERNMENT OF INDIA PRESS,
NEW DELHI ALONG WITH THE AMENDED NOTIFICATION BOTH
ENGLISH AND HINDI.
P21: A TRUE COPY OF THE LETTER NO.AAT/COM/1(81)/2011/827
DATED 24.12.2010 ISSUED BY THE 3RD RESPONDENT TO
THE PETITIONER.
P22: A TRUE COPY OF THE COUNTER AFFIDAVIT TO
W.P(C).NO.28303/2010 FILED BY CBI IN ANOTHER CASE
BEFORE THE MADRAS HIGH COURT.
P23: A TRUE COPY OF THE AUTHORIZATION LETTER
DATED 31.07.2012 ISSUED BY THE PETITIONER
AUTHORISING THEIR REPRESENTATIVE IN INDIA TO
REPRESENT AND APPEAL BEFORE AUTHORITIES.
WP(C).No. 18127 of 2012 (M)
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P24: A TRUE COPY OF THE LETTER DATED 18.10.2007 ISSUED BY
THE MANAGING DIRECTOR, ISLAND AVIATION SERVICES
LTD. TO THE 2ND RESPONDENT.
P25: A TRUE COPY OF THE INSTRUCTIONS DATED 18.06.2014
ISSUED BY GOVERNMENT OF INDIA.
RESPONDENT(S)' EXHIBITS :
---------------------------
EXHIBIT R2(A): A COPY OF EMAIL SENT BY THE PETITIONER AND
COPY OF AGREEMENT BETWEEN THE PETITIONER AND
AI-SATS.
EXHIBIT R2(B): A COPY OF THE COMMUNICATION ISSUED BY
THE AIRLINE OPERATORS' COMMITTEE, TRIVANDRUM
TO THE 2ND RESPONDENT DATED 11.11.2008.
EXHIBIT R2(C): A COPY OF REPRESENTATION WAS ISSUED BY
THE ETIHAD AIRWAYS, WHICH IS A FOREIGN AIRLINE
DATED 08.02.2010.
EXHIBIT R2(D): A COPY OF THE CIRCULAR DATED 03.06.2010 ISSUED
BY MALDIVES AIRPORTS COMPANY LIMITED.
EXHIBIT R2(E): A COPY OF THE CONDITIONS OF USE AND CHARGES AT
MALE' INTERNATIONAL AIRPORT W.E.F 01.07.2010.
EXHIBIT R2(F): A TRUE COPY OF THE LETTER AISATS/TRV/Q2/
DATED 16.11.2012 ALONG WITH A COPY OF
THE GROUND HANDLING AGREEMENT.
EXHIBIT R2(G): TRUE COPY OF THE COMMUNICATION NO.CAS-7(23)/
2010/DIVS(SEC.FUNCTIONS) DATED 03.02.2014,
ISSUED BY THE GOVERNMENT OF INDIA, MINISTRY OF
CIVIL AVIATION, BCAS, NEW DELHI.
EXHIBIT R2(H): TRUE COPY OF THE LETTER OF THE PETITIONER
SUBMITTED BEFORE THE DEPUTY COMMISSIONER OF
THE SECURITY, BUREAU OF CIVIL AVIATION SECURITY
(MINISTRY OF CIVIL AVIATION) DATED 13.11.2013.
EXHIBIT R2(I): TRUE COPY OF THE COMMUNICATION
CAS-II/266/2012/SP/ISLAND/DIV.II
DATED 09.12.2013 ISSUED BY BUREAU OF CIVIL
AVIATION SECURITY(MINISTRY OF CIVIL AVIATION).
EXHIBIT R2(J): TRUE COPY OF THE COMMUNICATION NO.COM/90/5.6/
CUTE-25/2012/VOL-IV/1109 DATED 03.05.2012
ISSUED BY THE AAI CORPORATE HEAD QUARTERS AS
PER MINISTRY OF CIVIL AVIATION (MOCA)
GOVERNMENT OF INDIA DIRECTIVES.
WP(C).No. 18127 of 2012 (M)
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EXHIBIT R2(K): TRUE COPY OF THE LETTER DATED 27.10.2014 ISSUED
BY THE TERRITORY MANAGER OF SITA SYSTEMS TO
THE 2ND RESPONDENT.
//TRUE COPY//
P.A.TO JUDGE.
Msd.
A. MUHAMED MUSTAQUE, J.
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W.P.(C).No. 18127 of 2012
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Dated this the 11th day of March, 2016
JUDGMENT
The issue in this writ petition is relating to ground handling services at Trivandrum Air Port. The petitioner, a Maldivian Company, was permitted to operate ground handling services at Trivandrum as per the bilateral agreement into the Government of India and Government of Maldives.
2. The petitioner approached this Court challenging an action of the respondents terminating the petitioner's permission to operate ground handling services.
3. The petitioner now submits that they will approach Civil Aviation Authority-the Central Government for redressal of their grievances.
W.P.(C).No. 18127 of 2012 -2-
In the light of the above, the petitioner is permitted to pursue any remedy available before the Central Government. With that liberty, the writ petition is closed leaving open all the issues.
Sd/-
A. MUHAMED MUSTAQUE JUDGE bpr