IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 22ND JUNE 2011 / 1ST ASHADHA 1933 WP(C).No. 35027 of 2010(C) ---------------------------------------- PETITIONER(S): ------------------------ 1. A.C.KORATH,S/O.CHERIATH, ALUKKA PUTHUSSERY HOUSE, JOSEPURAM, VAPPALASSERY P.O, ANGAMALY 683 572. 2. JIJI THANKACHAN, W/O.LATE A.I.THANKACHAN, ALUKKA PUTHUSSERY HOUSE,KIDANGOOR P.O, ANGAMALY.PIN- 683 572. BY ADV. SRI.WILSON URMESE RESPONDENT(S): ------------------------- 1. THE MANAGING DIRECTOR, COCHIN INTERNATIONAL AIRPORT LTD, NEDUMABASSERY, PIN- 683 585. 2. THE SECRETARY, COCHIN INTERNATIONAL AIRPORT TAXI, CO-OPERATIVE SOCIETY,NEDUMABASSERY,PIN- 683 585. BY SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SC, KIAS LTD. BY ADV. SMT.T.N.GIRIJA, SC, COCHIN I AIRPORT LTD SRI.SUJIN.S. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.35027/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE CERTIFICATE DATED 22/03/1999 ISSUED BY THE SPECIALTHAHSILDAR (LA)NO.1, K.I.A, ANGAMALY. P2 COPY OF THE NOTICE ISSUED TO THE 1ST PETITIONER BY THE RESPONDENT DATED 16/07/2007. P3 COPY OF THE LIST OF ELIGIBLE PERSONS TOGET TAXI PERMIT,ISSUED BY THE RESPONDENTS. P4 COPY OF THE CONSENT LETTER ISSUED BY THE PETITIONER. P5 COPY OF THE RELATIONSHIP CERTIFICATE ISSUED BY THE VILLAGE OFFICER, NEDUMABASSERY. P6 COPY OF THE JUDGMENT DATED 06/04/2009 IN WP(C)NO.6833/2009. P7 COPY OF THE LETTER DATED 15/07/2009 ISSUED BY THE 1ST RESPONDENT. P8 COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER DATED 05/12/2009. RESPONDENT'S EXHIBITS: R1(A) COPY OF THE COMMUNICATION DATED 15/07/2009. R1(B) COPY OF THE LETTER ISSUED BY THE PETITIONER TO THE RESPONDENT DATED 22/7/2009. /TRUE COPY/ P.A.TO.JUDGE sts P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.35027 OF 2010 -------------------------------- Dated this the 22nd day of June 2011 JUDGMENT The petitioners are before this Court seeking for a direction to be given to the respondents for issuance of a 'taxi permit' in the Cochin International Airport Ltd. ('CIAL') on the basis of the rehabilitation measures and steps taken by the 'CIAL' to extend benefits to the evictees, from whom the land was taken for the construction of the Airport. 2. The averments raised by the petitioner as to the property acquired from the 1st writ petitioner and such other factual particulars as to the policy decision taken by the 'CIAL' are not disputed. The first petitioner had earlier approached this Court by filing W.P.(C) No.6833/2009 seeking for the benefit to grant a 'taxi permit' in favour of his nephew by name Thankachan, whom he had nominated in this regard. The matter was considered and the Writ Petition was disposed of as per Ext.P6 judgment dated 06-04-2009, whereby the first petitioner was directed to consider the claim of the petitioner and to pass final orders, at any rate within 'three months'. W.P.(C) No. 35027/2010 - 2 - 3. It is stated that the nephew of the petitioner submitted Ext.P8 application accordingly, furnishing copies of the relevant documents. But quite unfortunately, he took his last breath on 21-09-2009. It is in the said circumstance, that the 1st petitioner is made to approach this Court again, along with the 2nd petitioner, who is the widow of the deceased beneficiary, seeking for a direction to have the benefit flowing from Ext.P6 judgment extended to the 2nd petitioner. 4. The 1st respondent has filed a counter affidavit pointing out the relevant facts and figures as to the 'Scheme' formulated by the 'CIAL' in this regard. The sequence of events as narrated in the Writ Petition is not disputed, as mentioned in paragraph 6 and 7 of the said counter affidavit. It is brought to the notice of this Court that, if the concerned land owner, from whom the land was taken for the construction of 'CIAL' is not having any legal heir, he may nominate one of his close relatives to obtain the benefit by giving fresh nomination. The learned counsel for the 1st respondent however submits that, certain norms have been prescribed by the 'CIAL' with regard to the issuance of the taxi permit; such as possession of driving license, badge, W.P.(C) No. 35027/2010 - 3 - comparatively new model vehicle etc., to have the benefit. Subject to the satisfaction of such requirements, the credentials of the 2nd petitioner will be examined by the 'CIAL', once she is nominated by the 1st petitioner, submits the learned counsel. 5. After hearing both the sides, this Court finds that the very purpose of the 'Scheme' stated as formulated by the 1st respondent is by virtue of the “rehabilitation measures”, including by granting 'taxi permit', employment to one of the members of the family. It is with intent to extend a 'helping hand' to the deserving family, from whom the property was acquired, that the 1st respondent had agreed to consider the candidature of the deceased Thankachan, ie, the nephew of the 1st petitioner and the husband of the 2nd petitioner. But the fate was rather cruel as far as the family of the petitioners was concerned and the beneficiary took his last breath after filing the application for 'taxi permit', which made the widow (who is the 2nd petitioner) to join hands with the 1st petitioner to approach this Court by filing this Writ Petition. 6. In the above particular facts and circumstances, this Court finds that the 1st respondent is liable to extend the benefit W.P.(C) No. 35027/2010 - 4 - flowing from Ext.P6 judgment to the 2nd petitioner, without insisting for the possession of badge and driving license by her. The other requirement as to the possession of new vehicle could very well be pressed upon. On satisfaction of the requirements, necessary 'taxi permit' shall be granted to the 2nd petitioner forthwith. Once the ownership and possession of the vehicle is transferred by the 2nd petitioner, the benefit granted by this verdict will stand automatically withdrawn. The Writ Petition is disposed of. vdv P.R.RAMACHANDRA MENON, JUDGE