Kerala High Court
Speedandwings Air Services Pvt. Ltd vs Union Of India on 13 December, 2024
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 41973 OF 2024 1
2024:KER:94547
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 13TH DAY OF DECEMBER 2024 / 22ND AGRAHAYANA, 1946
WP(C) NO. 41973 OF 2024
PETITIONERS:
1 SPEEDANDWINGS AIR SERVICES PVT. LTD
REPRESENTED BY ITS DIRECTOR SANILKUMAR B, TC
86/2018-1, KALPAKA NAGAR, CHACKAI, PETTAH,
THIRUVANANTHAPURAM, PIN - 695024
2 SANILKUMAR B,
AGED 52 YEARS
S/O BHASKARAN, TC 86/2018-1, KALPAKA NAGAR,
CHACKAI, PETTAH, THIRUVANANTHAPURAM, PIN - 695024
BY ADVS.
JACOB P.ALEX
JOSEPH P.ALEX
MANU SANKAR P.
AMAL AMIR ALI
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL
AVIATION, RAJIV GANDHI BHAWAN BLOCK B, JORBAGH
SAFDARJUNG AIRPORT AREA, NEW DELHI, PIN - 110003
2 DIRECTOR GENERAL
BUREAU OF CIVIL AVIATION SECURITY, SAFDARJUNG
AIRPORT, II FLOOR UDAAN BHAWAN, NEW DELHI, PIN -
110003
3 REGIONAL DIRECTOR
BUREAU OF CIVIL AVIATION SECURITY, COCHIN
WP(C) NO. 41973 OF 2024 2
2024:KER:94547
INTERNATIONAL AIRPORT LIMITED, AIRPORT ROAD, KOCHI,
NEDUMBASSERY, KERALA, PIN - 683111
4 COCHIN INTERNATIONAL AIRPORT LTD., (CIAL),
REPRESENTED BY ITS AIRPORT DIRECTOR, AIRPORT ROAD
KOCHI, NEDUMBASSERY, KERALA, PIN - 683111
5 STATE POLICE CHIEF
KERALA POLICE HEADQUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM, KERALA, PIN - 695010
6 STATION HOUSE OFFICER
NEDUMBASSERY AIRPORT POLICE STATION, NEDUMBASSERY,
KERALA, PIN - 683111
BY ADVS.
AARON ZACHARIAS BENNY
D.PREM KAMATH(K/1285/1998)
TOM THOMAS (KAKKUZHIYIL)(K/000821/2008)
CLINT JUDE LEWIS(K/001973/2024)
BIJITHA B. BOSE(K/002479/2023)
JYOTHIKA KRISHNA(K/004301/2024)
BENNY P. THOMAS (SR.)(K/342/1988)
SRI.P.S.APPU, GP
DSGI- SRI.T.C.KRISHNA,
SRI.S.SUJIN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.12.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 41973 OF 2024 3
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JUDGMENT
Dated this the 13th day of December, 2024 The writ petition is filed to direct the 3rd respondent to forward Ext.P5 Security Programme to the 2nd respondent and issue a provisional clearance to the petitioners in terms of Ext.P2(a) security clearance issued by Bureau of Civil Aviation Security within a time period.
2. Heard; the learned counsel for the petitioners and the learned counsel appearing for the respondents.
3. The learned counsel appearing for the petitioners submits that as the Security Programme has been approved by the 3rd respondent on 04.12.2024 and since the respondents have already started the WP(C) NO. 41973 OF 2024 4 2024:KER:94547 investigation in respect of Ext.P11, the petitioner has no subsisting grievance. The said submission is recorded.
In the light of the above submission, the writ petition is closed.
Sd/-
C.S.DIAS JUDGE NAB WP(C) NO. 41973 OF 2024 5 2024:KER:94547 APPENDIX OF WP(C) 41973/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CERTIFICATE OF INCORPORATION PURSUANT TO CHANGE OF NAME DATED 21-06-2019 OF THE 1ST PETITIONER Exhibit P2 TRUE COPY OF THE SECURITY CLEARANCE BEARING NO. 1245-85/ 184/ 2022 –THIRUVANANTHAPURAM – BCAS (E-230127) DATED 03-04-2023 ISSUED BY THE BCAS Exhibit P2(a) TRUE COPY OF THE AVSEC ORDER NO. 01/2017 DATED 28-02-2017 ISSUED BY BCAS REFERRED TO IN EXHIBIT P2 Exhibit P3 TRUE COPY OF THE COMMUNICATION BEARING NO. CIAL/COML/LIC43/21837 DATED 12-09- 2024 ISSUED BY THE 4TH RESPONDENT Exhibit P4 TRUE COPY OF THE AGREEMENT DATED 17-10- 2024 ENTERED BETWEEN 1ST PETITIONER AND 4TH RESPONDENT -CIAL Exhibit P5 TRUE COPY OF THE EMAIL DATED 18-10-2024 FROM THE EBCAS PORTAL Exhibit P6 TRUE COPY OF THE RELEVANT PORTION OF THE SCREEN-SHOT FROM EBCAS PORTAL SHOWING 'OBSERVATION:- UPLOAD SITE INSPECTION REPORT BY RD' Exhibit P7 TRUE COPY OF THE EMAIL DATED 01-11-2024 ISSUED ON BEHALF OF 1ST PETITIONER TO THE 3RD RESPONDENT Exhibit P8 TRUE COPY OF THE EMAIL DATED 20-11-2024 ISSUED BY SENIOR MANAGER (COMMERCIAL) CIAL TO THE 1ST PETITIONER Exhibit P9 TRUE COPY OF THE SHOW CAUSE NOTICE BEARING NO. BCAS/ COCHIN/ ENQUIRY/M/S SPEEDWINGS/ 2024/ 2318 DATED 11-11-2024 WP(C) NO. 41973 OF 2024 6 2024:KER:94547 Exhibit P10 TRUE COPY OF THE REPLY TO EXHIBIT P9 SENT BY EMAIL DATED 18-11-2024 SUBMITTED BEFORE THE 3RD RESPONDENT Exhibit P11 TRUE COPY OF THE EMAIL COMPLAINT DATED 22-11-2024 SUBMITTED BY PETITIONER BEFORE THE 5TH RESPONDENT IN <[email protected]> Exhibit P12 TRUE COPY OF THE INTERIM ORDER DATED 15- 11-2024 IN WPC 37851 OF 2024 Exhibit P13 TRUE COPY OF THE NIOC DATED 07-11-2024 ISSUED IN THE NAME OF SANILKUMAR B Exhibit P13(a) TRUE COPY OF THE NIOC DATED 21-11-2024 ISSUED IN THE NAME OF SEEJA KUMARI T Exhibit P14 TRUE COPY OF THE ADDITIONAL REPLY DATED 26-11-2024 SENT TO THE 3RD RESPONDENT Exhibit P15 TRUE COPY OF THE APPROVED SECURITY PROGRAMME OF M/S SPEEDWINGS SERVICES DATED 23-02-2024