IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 13TH JULY 2009 / 22ND ASHADHA 1931 WP(C).No. 16551 of 2009(L) -------------------------- PETITIONERS: --------------- 1. IATA AGENTS ASSOCIATION OF INDIA,(IAAI) REPRESENTED BY ITS PRESIDENT, MR.BIJI EAPEN C/O.SPEEDWINGS TRAVEL & CARGO (P) LTD, SREEKANDATH ROAD, RAVIPURAM, COCHIN - 682 016. 2. COSIMA TRAVELS & TRADE LINKS PRIVATE LTD REPRESENTED BY ITS MANAGING DIRECTOR, SRI.K.SEBASTIAN, PENTA SQUARE, M.G.ROAD, COCHIN - 35. BY ADV. SRI.P.RAVINDRAN, SENIOR ADVOCATE SRI.K.R.RADHAKRISHNAN NAIR SRI.A.RANJITH RESPONDENTS: --------------- 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI. 2. THE DIRECTOR GENERAL OF CIVIL AVIATION, OPPOSITE SAFDERJUNG AIRPORT, NEW DELHI. 3. MANAGER - INDIA, AIR CANADA, 202, 2ND FLOOR, ANSAL BHAVAN, 16, KASTURBA GANDHI MARG. 4. MANAGER - INDIA, AIR FRANCE, MAKER CHAMBERS VI, NARIMAN POINT, MUMBAI - 400 021. 5. MANAGER - INDIA, AUSTRIAN AIRLINES, EXPRESS TOWERS, 8TH FLOOR, NARIMAN POINT, MUMBAI - 400 021. 6. MANAGER - INDIA, BRITISH AIRWAYS, 5TH FLOOR, NOTAN PLAZA, 898 TURNER ROAD, BANDRA WEST, MUMBAI - 400 050. WP(C).No. 16551 of 2009 -2- 7. MANAGER - INDIA, CONTINENTAL AIRLINES, CYBER GREENS, 2ND FLOOR, TOWER C DLF PHASE - III, GURGAON - 122 002, HARYANA. 8. MANAGER - INDIA, DELTA AIRLINES, TAJ MAHAL INTERNATIONAL HOTEL, APPOLLO BUNDER, MUMBAI - 400 020. 9. MANAGER - INDIA, FINNAIR, 7-9, IST FLOOR, AUGUSTA POINT, GOLF COURSE ROAD, SECTOR - 53, GURGAON - 122 002. 10. MANAGER - INDIA, JAPAN AIRLINES, CHANDRALOK BUILDING 36, JANPATH, NEW DELHI 110 001. 11. MANAGER - INDIA, KLM - ROYAL DUTCH AIRLINES, MAKER CHAMBERS VI, NARIMAN POINT, MUMBAI - 400 021. 12. MANAGER - INDIA, LUFTHANSA GERMAN AIRLINES 56, JANPATH, NEW DELHI - 110001. 13. MANAGER - INDIA, NORTHWEST AIRLINES, PRAKASH DEEP, TOLSTOY MARY, NEW DELHI - 110001. 14. MANAGER - INDIA, QATAR AIRWAYS, BAJAJ BHAWAN, GROUND FLOOR, NARIMAN POINT, MUMBAI - 400 021. 15. MANAGER - INDIA, SILK AIR, AISHA MANZIL, RAVIPURAM, M.G.ROAD, COCHIN - 682 016. 16. MANAGER - INDIA, SINGAPORE AIRLINES LTD, TAJ MAHAL HOTEL, APOLLO BUNDER, MUMBAI - 400 001. 17. MANAGER - INDIA, SWISS INTERNATIONAL AIRLINES LTD, HOECHST HOUSE, IST FLOOR, 193, NARIMAN POINT, MUMBAI - 400 021. 18. MANAGER - INDIA, UNITED AIRLINES GROUND FLOOR, THAPAR HOUSE, 124, JANPATH, NEW DELHI - 110 001. ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 16551 of 2009 -------------------------- Dated this the 13th July,2009 J U D G M E N T First petitioner is an association of IATA accredited Travel Agents in India. It is contended that as per Rule 135 (2) of the Air Craft Rules, an airline is to fix a tariff in accordance with the Rules. While fixing the tariff commission payable to the travel agents should also be taken into account and the price should be reflected in the ticket issued. According to the petitioners, except respondents 3 to 18, other operators have complied with the rules. Respondents 3 to 18 have failed to do so. Therefore, this aspect has been brought to the notice of the Director General of Civil Aviation. Exhibit-P3 and P4 representations have been submitted before the Hon'ble Minister for Civil Aviation which are now stated to have been forwarded to the 2nd respondent. 2. Heard learned standing counsel appearing for respondents also. Second respondent will look into W.P ( C) No. 16551 of 2009 2 Exhibits P3 and P4, as early as possible. Accordingly, the writ petition is disposed of directing the 2nd respondent to look into Exhibits P3 and P4 and take a decision in accordance with law within four months from the date of receipt of a copy of this judgment. (V.GIRI,JUDGE) ma W.P ( C) No. 16551 of 2009 3 W.P ( C) No. 16551 of 2009 4 (V.GIRI,JUDGE) ma W.P ( C) No. 16551 of 2009 5 W.P ( C) No. 16551 of 2009 6