IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 WP(C).No. 26941 of 2011(P) -------------------------------------- PETITIONER(S): ----------------------- TGN KUMAR,33/3004,VENNALA PO, KOCHI - 682 028. BY ADV. SRI.P.K.SAJEEV RESPONDENT(S): ------------------------- 1. COCHIN INTERNATIONAL AIRPORT LTD., REPRESENTED BY THE MANAGING DIRECTOR,ROOM 35, 4TH FLOOR, GCDA COMMERCIAL COMPLEX, MARINE DRIVE, COCHIN 682 031. 2. THE COMPANY SECRETARY,COCHIN INTERNATIONAL AIRPORT LTD., ROOM 35, 4TH FLOOR, GCDA COMMERCIAL COMPLEX, MARINE DRIVE, COCHIN 682 031. 3. THE REGISTRAR OF COMPANIES,COMPANY LAW BHAVAN,THRIKKAKARA PO,KAKKANAD 682 021. 4. THE CHAIRMAN, COCHIN INTERNATIONAL AIRPORT LTD., O/O.THE CHIEF MINISTER GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. R1,R2 & R4 BY. SRI.N.N.SUGUNAPALAN (SENIOR ADVOCATE), SC, KIAS LTD. ADV. SMT.T.N.GIRIJA, SC, COCHIN I AIRPORT LTD. R3 BY SRI.P.PARAMESWARAN NAIR, ASST. SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VPV WPCNO.26941/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. PHOTOCOPY OF THE NOTICE SENT TO THE PETITIONER BY THE 2ND RESPONDENT. EXT.P2. PHOTOCOPY OF THE REPORT APPEARED IN THE NEW SUNDAY EXPRESS, KOCHI DATED 25.9.2011. EXT.P3. PHOTOCOPY OF THE NOTICE ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 26.09.2011. EXT.P3 A. PHOTOCOPY OF THE NOTICE ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT DATED 26.09.2011. RESPONDENT'S EXHIBITS: EXT.R1(A): COPY OF THE NOTICE DATED 24.08.2011 ISSUED BY THE RESPONDENT AIRPORT AUTHORITY. EXT.R1(B): COPY OF THE NOTICE PUBLISHED IN THE NEW INDIAN EXPRESS DATED 4.09.2011. EXT.R1(C): COPY OF THE NOTICE PUBLISHED IN THE MATHRUBHUMI DAILY DATED 4.09.2011. EXT.R1(D): COPY OF THE PRESS RELEASE ISSUED IN CHANDRIKA DAILY DATED 16.09.2011. EXT.R1(E): COPY OF THE PRESS RELEASE ISSUED IN THE DEEPIKA DAILY DATED 16.09.2011. EXT.R1(F): COPY OF THE PRESS RELEASE ISSUED IN THE MALAYALA MANORAMA DAILY DATED 13.09.2011. /TRUE COPY/ P.A. TO JUDGE VPV ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 26941 OF 2011 ----------------------------------------------------- Dated this the 16th day of November, 2011 J U D G M E N T Petitioner claims to be a share holder of the first respondent Company. Ext.P1 is a notice issued by the Company to its share holders convening its Annual General Meeting on 29.9.2011. According to the petitioner despite the notice, from Ext.P2 news report he came to know that Annual General Meeting of the Company was held on 24.9.2011. Complaining of the above he made Exts.P3 and P3(a) representations to the respondents. There was no reply from the respondents. Therefore he has filed this writ petition, to quash the proceedings of the AGM held on 24.9.2011 and to direct consideration of his representations. 2. A counter affidavit has been filed by respondents 1, 2 and 4. In the counter affidavit it is stated that although notice was sent to some of the shareholders scheduling the AGM on 29.9.2011 due to certain subsequent developments it was W.P.(C) No. 26941 OF 2011 :2 : decided to be held on 24.9.2011. It is stated that thereupon individual notice was given to all share holders and a copy of which was produced as Ext.R1(a). It is also stated that the notice of the meeting was published in the newspapers and copies have been produced as Exts.R1(b) to (f). It is stated that accordingly share holders meeting was held in compliance with the provisions of the Companies Act and members of the Company have participated in the meeting. 3. Prima facie it appears that the Annual General Meeting of the Company was held on 24.9.2011, with notice to the share holders in compliance of the provisions of the Companies Act. Therefore on the materials produced, this court is unable to find any irregularity in the matter. Therefore the writ petition is closed leaving it open to the petitioner to work out his remedies before appropriate forum, if he has any surviving grievance. ANTONY DOMINIC, JUDGE ul/-