IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 WP(C).No. 9030 of 2005(Y) -------------------------------------- PETITIONER(S): ------------------------- K.O.THOMAS, S/O. KOCHOUSEPH, KARUMATHY HOUSE, AVANAMKODE, NEDUMBASSERY VILLAGE, CHOWARA P.O., PIN 683 571. BY ADV. SRI.WILSON URMESE RESPONDENT(S): --------------------------- 1. THE MANAGING DIRECTOR, COCHIN INTERNATIONAL AIR PORT LTD., NEDUMBASSERY. 2. THE SECRETARY, COCHIN INTERNATIONAL AIR PORT TAXI, CO-OPERATIVE SOCIETY, NEDUMBASSERY. BY ADV. SRI.S.SUJIN, SC, THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.9030/2005 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE CERTIFICATE DATED 14/11/2003 ISSUED BY THE SPECIAL TAHSILDAR. P2 COPY OF THE JUDGMENT DATED 19/9/2003 IN WP(C)NO.23218/2003. P3 COPY OF THE ORDER DATED 20/12/2003. RESPONDENT'S EXHIBITS: R1(A) COPY OF THE CERTIFICATE DATED 5/8/1999 ISSUED BY THE SPECIAL TAHSILDAR (LA) SHOWING THE LANDS AS PER L.A.C.NO.196/1994. R1(B) COPY OF THE LETTER DATED 31/8/1999 SUBMITTED BY THE PETITIONER BEFORE THIS RESPONDENT. /TRUE COPY/ P.A.TO.JUDGE sts ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 9030 of 2005 Y ``````````````````````````````````````````````````````````` Dated this the 22nd day of November, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ From the pleadings, it would appear that 0.05.60 Ares of land in R.S.No.430/5 in Block No.9 of Nedumbassery village was purchased by the petitioner for the purpose of establishing the Cochin International Airport. It appears that there was a scheme that persons affected like the petitioner would be given employment or taxi permits. In this writ petition what is claimed by the petitioner is that, despite his entitlement he has not given a taxi permit. 2. As directed by this court, by order dated 06.04.2005, counter affidavit dated 19.05.2005 has been filed by the respondents. In the counter affidavit, it is specifically stated that when permanent taxi permits were issued, petitioner had submitted a letter dated 31.08.1999, copy of which has been produced as Ext.R1(b), stating that he had no objection in the permit in relation to the land W.P.(C) No.9030/2005 : 2 : acquired from him under LAC No.196/94 being issued to his brother Sri.K.K.George. It is also stated that accordingly the petitioner's brother was issued a taxi permit. There is no affidavit filed in reply to the counter affidavit of the respondents. 3. Thus, it is obvious that if at all the petitioner had any right to claim taxi permit, he gave up the same in favour of his brother by filing Ext.R1(b) letter and that acting upon the said letter, permit has been given to his brother also. In such circumstances, petitioner could have no further claim against the respondents. Writ petition fails and accordingly, it is dismissed. Sd/- (ANTONY DOMINIC, JUDGE) aks/22/11 // True Copy // P.A. To Judge