IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 27TH SEPTEMBER 2011 / 5TH ASWINA 1933 WP(C).No. 25475 of 2011(H) -------------------------- PETITIONER(S): ---------------------- IATA AGENTS ASSOCIATION OF INDIA (IAAI) REPRESENTED BY ITS PRESIDENT, MR. BIJI EAPEN IAAI BHAVAN, 39/4012-K&L, KARIMPATTA ROAD PALLIMUKKU, COCHIN 682 016. BY ADV. SRI.P.RAVINDRAN, SENIOR ADVOCATE SRI.P.DEEPAK SMT.S.SHEEJA KUMARY(AYOOR) SMT.APARNA RAJAN RESPONDENT(S): ------------------------ 1. IATA INDIA, REP BY ITS COUNTRY MANAGER- INDIA & NEPAL INTERNATINAL AIR TRANSPORT ASSOCIATION, 101, HDO CORPORATE ENCLAVE ' B 'WING, B.D, SAWANT MARG, CHAKALA, ANDHERI EAST, MUMBAI 400 099. 2. THE DIRECTOR GENERAL OF CIVIL AVIATION TECHNICAL CENTRE, OPP SAFDARJUNG AIRPORT NEW DELHI 110 003. 3. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI 110 003. R3 BY ADV. SRI.P.PARAMESWARAN NAIR,ASSISTANT SOLICITOR GENERAL OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MM WP(C)NO.25475/2011 APPENDIX PETITIONER'S EXHIBITS P1 COPY OF THE RESOLUTION NO.810 (i) P2 COPY OF THE REPLY DATED 29-7-2003 P3 COPY OF THE COMMUNICATION DATED 12-8-2005 P4 COPY OF THE COMMUNICATION DATED 23-1-2007 P5 COPY OF THE COMMUNICATION DATD 1-4-2009 P6 COPY OF THE REPRESENTATION DATED 24-6-2010 P7 COPY OF THE OBJECTION DATED 15-10-2010 P8 COPY OF THE OBJECTION DATED 16-10-2010 RESPONDENT'S EXHIBITS NIL TRUE COPY P.A. TO JUDGE MM ANTONY DOMINIC, J ....................................................... W.P.(C).25475/2011 .............................................. Dated this the 27th day of September, 2011 JUDGMENT Petitioner is an Association of Accredited Travel Agents. Ext.P1 is a part of resolution No.810 of Passenger Agency Conference held under the IATA containing Passenger Sales Agency Rules. Among various provisions, the Rules contain provisions for the constitution of “Agency Programme Joint Council” (APJC). Among the members of the APJC, one Section represents the Accredited Travel Agencies. 2. According to the petitioner presently, M/s Travel Agents Association of India and Travel Agents Federation of India have been inducted into APJC representing acredited Travel Agents. It is stated that the petitioner is also entitled to be inducted into the APJC, it having 30% membership of Travel agents. Seeking such induction, they made representations to the IATA, the first respondent, as also the second respondent. However the representations were not fruitful. 3. The first prayer sought in this writ petition is to direct the W.P.(C).25475/11 2 first respondent to take immediate steps to reconstitute APJC ensuring representations of the petitioner Association. Insofar as this prayer of the petitioner is concerned, no provision either in the Aircraft Act or in the Aircraft Rules, 1937, conferring power on the second respondent to issue any direction to the first respondent to reconstitute APJC which is an internal mechanism constituted as per Ext.P1, has been shown by the petitioner. In such a case, this Court must necessarily hold that the second respondent has no such power and decline the prayer sought by the petitioner. Similar is the second prayer sought in the writ petition, for a direction to the third respondent not to implement any decision migrating from Ext.P1 to another resolution of the first respondent. Here again, I am not shown any statutory power enabling the DGCA to require the first respondent or anyone of its subordinates not to implement any of its decisions. In the result, the writ petition fails and it is dismissed. ANTONY DOMINIC, Judge mrcs