IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 9TH SEPTEMBER 2010 / 18TH BHADRA 1932 WP(C).No. 22376 of 2009(N) -------------------------- PETITIONER(S): --------------- SHRI JIJO P.V., S/O.VARGHESE, 11/596 THEKKEDATH PARAYIL HOUSE, THURAVOOR, PO ANGAMALY 683 586 ERNAKULAM DISTRICT BY ADV. SRI.VINCENT RAPHAEL RESPONDENT(S): --------------- 1. THE MANAGING DIRECTOR COCHIN INTERNATIONAL AIRPORT LTD. NEDUMBASSERY,ERNAKULAM DT. 2. THE SPECIAL TAHSILDAR (LA) NO.111 COCHIN INTERNATIONAL AIRPORT LTD. NEDUMBASSERY,NAYATHODE PO, ERNAKULAM DISTRICT. ADV. SMT.T.N.GIRIJA, SC, COCHIN I AIRPORT LT THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Ext.P1. True copy of certificate issued by LA. Officer Kochi International Airport LAC No.318/95 to the petitioner. Ext.P2. True photocopy of the list of candidates found eligible for operating pre-paid taxi for issuance of taxi permit by CIAL Ext.P3. True photo copy of notice no. CIAL/PA-20 DATED 9.8.2007 issued to the petitioner by CIAL Ext.P4. True copy of the certificate dated 26.7.2008. Ext.P5. True copy of the election identity card & driving licence of the petitioner. Ext.P6 . True photo copy of the certificate of registration of the indica car No. KL-07 BC 6290 belong to the petitioner. Ext.P7. True copy of the agreement. Ext.P8. True copy of Insurance policy of the vehicle issued to the petitioner by the Oriental insurance company Ltd. Ext.P9. True copy of the agreement executed by P.P.. Varghese in favour of the petitioner. Ext.P10. True copy of lawyer notice dated 28.3.09 addressed to M.D. CIAL. Ext.P11. The acknowledgment card dtd.1.4.2009 for the receipt of Ext.P10 lawyer notice by CIAL. Respondent's Exhibits. Ext.R2(a). True copy of the reply sent dated 26.6.2009 of the Ist respondent to the petitioner. // true copy // P.S. to Judge. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.22376 OF 2009(N) -------------------------------------------------- Dated this the 9th day of September, 2010 J U D G M E N T In this writ petition, what is sought for by the petitioner is a direction to the respondents to issue taxi permit in order to enable him to operate his taxi within the area of Cochin International Airport. 2. At the time when the International Airport was set up, land with a residential house belonging to the petitioner was acquired. Such evictees were eligible to be issued taxi permits enabling them to operate taxies in the airport. Accordingly out of 100 permits, 80 were earmarked to be allotted to evictees like the petitioner. 3. Applications were invited. Among others, petitioner applied and in Ext.P2 ranked list published petitioner was included at Sl. No.65. According to the petitioner though he produced all documents proving his eligibility to be issued the permit, permit was not issued. Ext.P10 representation made by him was replied by Ext.R2(a) dated 26.6.2009 informing him that necessary steps are being taken. It is contended that despite lapse of more than an WPC.No.22376 /09 :2 : year, there has not been any progress. 4. Petitioner states that in order to operate in the Airport, as early as in 2006 itself, he purchased a vehicle and that vehicle is also kept idle. He submits that in terms of the conditions prescribed by the Airport Authorities, if the vehicle is older than 5 years, that will render the vehicle ineligble to be used as taxi in the airport. Therefore petitioner submits that an early decision in the matter is necessary. 5. Counter affidavit has been filed by the respondents. Respondents do not dispute the eligibility of the petitioner. On the other hand, they admit that the petitioner was included as Sl. No.65 in the ranked list and that 80 permits were ear marked to be allotted to the evictees which includes the petitioner. However, they state that there were several litigations on this issue and therefore delay has occurred. Further in the counter affidavit it is also stated that among the eligible persons, those who produced the original documents of valid driving license with badges and documents evidencing possession of the vehicles which are not less than 5 years and proof of evictees status will be issued permit on first WPC.No.22376 /09 :3 : come first served basis. 6. Since the eligibility of the petitioner is admitted by the respondents, all that is necessary is that he should produce the original documents of valid driving licence with badges and documents evidencing possession of the vehicles which satisfy the conditions specified by the respondents. Once the petitioner produce these documents and the respondent is satisfied of the genuineness of the documents produced by the petitioner, the respondents shall issue permit to the petitioner. Accordingly, the writ petition is disposed of directing that the petitioner shall produce valid driving licence with badge and registration certificate of the vehicle before the first respondent who shall there upon consider the same and if satisfied, shall issue permit to the petitioner at any rate within 4 weeks from the date of production of a copy of the judgment and the documents. (ANTONY DOMINIC) JUDGE vi/ WPC.No.22376 /09 :4 :