IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933 WP(C).No. 27470 of 2011(G) -------------------------- PETITIONER(S): ----------------------- M/S.KARNATAKA AVIATION SUPPORT SERVICES PVT.LTD., REPRESENTED BY ITS GENERAL MANAGESR-HQ-MR.RAMESH KALWAD, NO.1233, 15TH MAIN, BTM LAYOUT, 2ND STAGE, BANGALORE-560 076. BY ADV. SRI.ABRAHAM VAKKANAL, SENIOR ADVOCATE SRI.SUNIL SHANKER SRI.PAUL ABRAHAM VAKKANAL SMT.VINEETHA SUSAN THOMAS SRI.DIJO SEBASTIAN SMT.JASMY KATTOOR RESPONDENT(S): ----------------------- 1. THE CHAIRMAN, AIRPORTS AUTHORITY OF INDIA, RAJIV GNADHI BHAVAN, SAFDARJUNG AIRPORT NEW DELHI-110 003. 2. THE AIRPORT DIRECTOR, AIRPORTS AUTHORITY OF INDIA, TRIVANDRUM INTERNATIONAL AIRPORT, TRIVANDRUM-695 008. 3. EVICTION OFFICER, AIRPORT AUTHORITY OF INDIA, TRIVANDRUM INTERNATIONAL AIRPORT TRIVANDRUM-695 008. 4. MANAGER (COMMERCIAL) COMMERCIAL DEPARTMENT, AIRPORTS AUTHORITY OF INDIA, TRIVANDRUM INTERNATIONAL AIRPORT, TRIVANDRUM-695 008. ADV. SRI.V.SANTHARAM, SC FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.27470/11 APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1: TRUE COPY OF THE AGREEMENT BETWEEEN THE PETITIONER & RESPONDENT. EXHIBIT P2: TRUE COPY OF LETTER SENT BY PETETIONER TO 2ND RESPONDENT WITH NO.KASSPL/TVM/1-3/2008. EXHIBIT P3: TRUE COPY OF THE SUGGESTIONS GIVEN TO 2ND RESPODENT WITH NO.KASSPL/BLR-/08. EXHIBIT.P4: TRUE COPY OF REMINDER SENT BY PETETIONER TO 2ND RESPONENT WITH NO.KASSPL/BLR-001/09. EXHIBIT P5: TRUE COPY OF LETTER SENT BY PETETIONER TO 1ST RESPODENT WITH NO.KASSPL/BLR/09. EXHIBIT P6: TRUE COPY OF THE REPLY BY R1 TO PETETIONER WITH NO.AAT/F&A/REV/KASSL/2009-10. EXHIBIT P7: TRUE COPY OF LETTER SENT BY PETETIONER TO 2ND RESPONDENT WITH NO.KASSPL/BLR-016/09. EXHIBIT P8: TRUE COPY OF REPLY BY R2 TO PETETIONER WITH NO.AAT/COM/9(60)VOL.X/414. EXHIBIT P9:TRUE COPY OF LETTER SENT BY PETETIONER TO 2ND RESPONDENT WITH NO.KASSPL/BLR-035/09. EXHIBIT P10: TRUE COPY OF REQUEST SENT BY PETETIONER TO 1ST RESPONDENT WITH NO.KASSPL/BLR-054/09. EXHIBIT P11: TRUE COPY OF THE LAWYER NOTICE SENT BY PETETIONER TO RESPODENT. EXHIBIT P12: TRUE COPY OF THE JUDGMENT IN AR.NO.41/2009. EXHIBIT P13: TRUE COPY OF THE CLAIM STATEMENT FILED BY THE PETITIONER BEFORE THE ARBITRATOR. EXHIBIT P14: TRUE COPY OF THE WRITTEN STATEMENT & COUNTER CLAIM FILED BY R2 BEFORE THE ARBITRATOR. EXHIBIT P15: TRUE COPY OF THE ANNEXURE B-19 STATEMENT FILED BY R2 BEFODRE THE ARBITRATOR. EXHIBIT P16: TRUE COPY OF THE AWARD BY the ARBITRATOR. EXHIBIT P17: TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED BY R3 TO THE PETETIONER ALONGWITH ANNEXURE. WPC NO.27470/11 -2- EXHIBIT P18: TRUE COPY OF THE ORDER ISSUED BY R3 (SGINED ON 14/9/2011) TO THE PETETIONER. EXHIBIT P19: TRUE COPY OF THE CLAIM STATEMENT FILED BY THE MANAGER (COMMERCIAL) BEFORE R3 //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 27470 OF 2011 ===================== Dated this the 10th day of November, 2011 J U D G M E N T The petitioner who has been awarded the contract for management of the car parking area of the Thiruvananthapuram International Airport was issued Ext.P17 show cause notice under Section 28-G of the Airports Authority of India Act. This notice was issued by the Eviction Officer, who is the Airport Director of Thiruvananthapuram International Airport. It was mainly challenging the competence of the 2nd respondent to be the Eviction Officer in so far as the dispute with the petitioner is concerned, this writ petition has been filed and the main contention of the petitioner is that the 2nd respondent contested an arbitration proceedings against the petitioner in which one of the issues was this very dispute. On that basis, petitioner sought change of the Eviction Officer and the main prayer sought is the appointment of another Eviction Officer. 2. When this matter came up for orders today, learned counsel appearing for the respondents submits that although they do not accept the contention of the petitioner, still in fairness, it WPC No. 27470/11 :2 : has been decided to appoint the Airport Director, Managalore Airport as the Eviction Officer, in this particular case against the petitioner. Therefore, recording the submission of the learned standing counsel as above, this writ petition is disposed of leaving open the contentions raised by both sides. ANTONY DOMINIC, JUDGE Rp