IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 WA.No. 958 of 2009() -------------------- AGAINST THE ORDER IN WPC.11468/2009 Dated 07/04/2009 .................... APPELLANT/PETITIONER -------------- M/S.SAJ FLIGHT SERVICES (P) LTD., CALICUT AIRPORT P.O., KOZHIKODE 673 647, REPRESENTED BY ITS DIRECTOR MINI SAJAN VARGHESE. BY ADV. SRI.K.P.DANDAPANI, SENIOR ADVOCATE SRI.MILLU DANDAPANI RESPONDENTS/ RESPONDENTS IN WPC --------------------------------- 1. THE AIRPORT DIRECTOR, CALICUT INTERNATIONAL AIRPORT, CALICUT AIRPORT P.O., KOZHIKODE-673 647. 2. AIRPORT AUTHORITY OF INDIA, RAJIV GANDHI BHAVAN, SAFDARJUNG AIRPORT, NEW DELHI-110 037, REPRESENTED BY ITS EXECUTIVE DIRECTOR. 3. UNION OF INDIA, REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF AVIATION, RAJIV GANDHI BHAVAN, SAFDARJUNG AIRPORT, NEW DELHI-110 037. R1 & R2 BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE AND BY ADV. SHRI S. .SUJIN SC R3 BY ADV. SHRI P. PARAMESWARAN NAIR, ASST. SOLICITOR GENERAL. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON ALONG WITH W.P.(C) 11468 of 2009, ON 18/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. CHELAMESWAR, CJ & P.R. RAMACHANDRA MENON, J. .............................................................................. W.A. No. 958 OF 2009 & W.P.(C)No. 11468 OF 2009 ......................................................................... Dated this the 18th August, 2011 J U D G M E N T P.R. Ramachandra Menon, J. The appellant has approached this Court with the following prayers: (i) Call for the records leading to the case and issue a writ of certiorari or any other appropriate writ, order or direction quashing Exhibits P3 and P4; (ii) issue a writ of mandamus or any other appropriate writ, order or direction, directing respondents 1 and 2 not to implement the present proposal pending passing of Bill, (iii) such other appropriate writ, order or direction, as this Honourable Court may deem fit and proper in the facts and circumstances of the case.; and (iv) award costs. W.A. No. 958 OF 2009 & W.P.( C)No. 11468 OF 2009 2 2. When the matter came up for consideration before the learned Single Judge on 07.04.2009, the following interim order was passed: “Notice. There will be stay of Ext.P8 and P9 on condition that within 2 weeks from today, the petitioner shall remit 50% of the amount due ”. 3. Being aggrieved of the condition imposed to satisfy 50% of the disputed liability, the writ petitioner filed this appeal. After considering the matter, interim stay was granted on 24.04.2009. In the meanwhile, the respondent/the Airport Director has filed I.A.No.922 of 2010 producing a copy of the order [Ext.R2(a)] passed by the Executive Director (J.M) dated 13th/14th July, 2010 and pointing out that after considering the representation of the concerned persons/Flight Kitchen Operators, the payment of royalty to Airports Authority has been reduced . This being the position, there cannot be any further grievance for the writ petitioner/appellant. 4. The learned Counsel for the appellant submits that by W.A. No. 958 OF 2009 & W.P.( C)No. 11468 OF 2009 3 virtue of the aforesaid order, nothing needs to be considered further, either in the writ petition or in the writ appeal. In the said circumstance, we called for the records of the writ petition and both the writ appeal and writ petition are closed, recording the submission as above, referring to Ext.R2(a) whereby royalty rate has been reduced to the extent specified therein. It is made clear that in view of Ext.R2(a), Ext. P3 cannot have any further consequence at all. J. CHELAMESWAR, CHIEF JUSTICE. P.R. RAMACHANDRA MENON, JUDGE. lk