IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932 WP(C).No. 30599 of 2007(P) ----------------------------------- PETITIONER(S): ------------------------ COCHIN INTERNATIONAL AIRPORT LIMITED, ROOM NO.35,4TH FLOOR, G.C.D.A.,COMMERCIAL COMPLEX, MARINE DRIVE, KOCHI - 682 031,REPRESENTED BY ITS MANAGING DIRECTOR, SRI.S.BHARAT. BY SRI.M.PATHROSE MATTHAI, SENIOR ADVOCATE SRI.SAJI VARGHESE SMT.MARIAM MATHAI RESPONDENT(S): -------------------------- 1. THE STATE INFORMATION COMMISSION - KERALA,PUNNEN ROAD, THIRUVANANTHAPURAM - 695 039, REPRESENTED BY ITS SECRETARY. 2. AL RAFEEQ MOIDEEN, LAW OFFICER, HOUSING AND URBAN DEVELOPMENT CORPORATION LIMITED, REGIONAL OFFICE, SAPHALAYAM, UNIVERSITY P.O., THIRUVANANGHAPURAM -34. *ADDL. R3 IMPLEADED 3. T.G.N.KUMAR, 33/3004, ERNAKULAM, KOCHI 682 028. *ADDL. R3 IS IMPLEADED AS PER ORDER DTD. 3.2.2010 IN IA. 1354/2010. R1 BY ADV. SRI.M.AJAY, SC, STATE INFORMATION COMMISSION R2 BY ADV. SRI.S.VINOD BHAT ADDL. R3 BY ADV. SRI.P.S.BIJU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.30599/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE MEMORANDUM OF ARTICLE OF ASSOCIATION OF PETITIONER COMPANY UNDER THE COMPANIES ACT. P2:- COPY OF THE COMPLAINT FILED BEFORE IST RESPONDENT DTD. 18.9.2006. P3:- COPY OF THE REPORT SUBMITTED BY PETITIONER TO IST RESPONDENT. P4:- COPY OF THE LETTER OF IST RESPONDENT TO THE SECRETARY TRANSPORT DEPARTMENT, GOVERNMENT OF KERALA DTD. 6.7.04. P5:- COPY OF THE LETTER OF PETITIONER TO SECRETARY, TRANSPORT DEPARTMENT DTD. 9.7.07. P6:- COPY OF THE LETTER FROM THE IST RESPONDENT TO THE PETITIONER PASSED BY THE IST RESPONDENT DTD. 11.9.07. P7:- COPY OF THE RESOLUTIONS PROPOSING THE APPOINTMENT OF MINISTERS AND THE CHIEF SECRETARY. RESPONDENT'S EXHIBITS R3(a):- COPY OF THE APPLICATION DTD. 13.1.2010 SUBMITTED BY ME BEFORE THE WRIT PETITIONER. R3(b):- COPY OF THE LETTER ISSUED BY THE WRIT PETITIONER DTD. 20.1.2010. TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.30599 of 2007-P - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of June, 2010. JUDGMENT The writ petition is filed challenging Ext.P6 proceedings of the first respondent. Various grounds have been raised in the writ petition to challenge the order. 2. When the matter came up for hearing today, learned Standing Counsel appearing for the first respondent submitted that the first respondent will conduct a rehearing of the matter and will take a fresh decision after hearing all the parties. Learned Senior Counsel appearing for the petitioner submitted that actually the order is one passed by the Commission itself. Whatever that be, since the matter is being reheard, it is only appropriate that an opportunity is given to all the parties to address their arguments and to produce materials, if any. 3. For enabling The first respondent to pass fresh orders, Ext.P6 is quashed. Appropriate orders will be passed as enjoined by law, after hearing all the parties including respondents 2 and 3 and any other similarly placed parties. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) 2 kav/