IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 24TH MARCH 2011 / 3RD CHAITHRA 1933 WP(C).No. 7487 of 2011(I) ------------------------- PETITIONERS: --------------- 1. BABY M.P., S/O.PARAMESWARAN, MADASSERRY HOUSE, VAPPALASSERY.P.O., ANGAMALY-683 590. 2. BIJU.K.V., S/O.VISWAMBHARAN, KOKKATHARA HOUSE, NAYATHODE.P.O., ANGAMALY-683 572. BY ADV. SRI.WILSON URMESE RESPONDENTS: --------------- 1. COCHIN INTERNATIONAL AIRPORT LIMITED, NEDUMBASSERY, REPRESENTED BY ITS MANAGING DIRECTOR ERNAKULAM, KOCHI-682 031. 2. THE MANAGING DIRECTOR, COCHIN INTERNATIONAL AIRPORT LIMITED, NEDUMBASSERY, KOCHI AIRPORT.P.O., PIN-683 111. 3. THE SENIOR MANAGER (SECURITY), COCHIN INTERNATIONAL AIRPORT LIMITED, NEDUMBASSERY, KOCHI AIRPORT.P.O., PIN-683 111. BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SMT.T.N.GIRIJA, SC, COCHIN I AIRPORT LT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 7487 OF 2011 ......................................................................... Dated this the 24th March, 2011 J U D G M E N T The petitioners have filed the writ petition with the following prayers: ““i. Call for the records leading to the case. ii. Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 to 3 to permit the autorickshaws of the petitioners and others to enter the premises of the Kochi International Airport at Nedumbassery with passengers or otherwise through the main road or through any other entries to the Airport. iii. Issue a writ of prohibition or any other appropriate writ, order or direction directing the respondents 1 to 3 not to prevent or restrict the entry of passenger autorickshaws to the premises of the Kochi International Airport at Nedumbassery iv. Issue a declaration that banning of passenger autorickshaws at the Kochi International Airport is illegal and violative of Article 14 of the Constitution of India. W.P.(C) No. 7487 OF 2011 2 v. Issue such other reliefs as this Hon'ble Court may deem fit. 2. The learned counsel for the petitioners submits that the autorickshaws of the persons like the petitioners who are bringing passengers mostly belonging to the poorer strata of the Society to the Air Port are being restrained by the respondents which is stated as an exercise at the instance of the taxi drivers with vested interests, which hence is sought to be intercepted in this writ petition. Reference is also made to various paper reports produced and marked as Exts. P2 to P5. 3. Respondents 1 to 3 have filed a counter affidavit rebutting the averments and allegations raised by the petitioner. It is however stated that some restrictions have been imposed by the Air Port authorities in view of safety and security reasons. It is also stated that a 'pre-paid taxi system' has been introduced which is functioning since 1999 and that taxi permits are given to only such persons, to whom the same was agreed to be given pursuant to acquisition of their land in connection with the setting W.P.(C) No. 7487 OF 2011 3 up of Air Port. 4. The Counter affidavit further says that the Autorickshaws coming to the Air Port for dropping passengers are permitted and no sort of obstruction would be caused in this regard, though empty Autorickshaws are not permitted to enter into the Air Port and canvass passengers, in view of 'pre-paid taxi system' prevailing in the Air Port. It is also stated that, as a measure of ensuring safety, security and peaceful environment in the Air Port, a meeting for regulation of city side traffic at CIAL was convened at the Air Port, wherein police officials, transport department authorities and CISF had participated, finally leading to Ext.R1(a) proceedings, taking a decision not to allow Autorickshaws to pick up any passengers from the Air Port. It is also stated that a Division Bench of this Court, in a case relating to parking of Autorickshaws at Calicut Air Port, had concurred with the judgment of the learned single Judge holding that the Autorickshaws do not have any vested right to park inside the Airport and pickup passengers. It is further stated in paragraph 3 of the counter affidavit that the Autorickshaws are not W.P.(C) No. 7487 OF 2011 4 permitted to keep waiting inside the Air Port compound for passengers; however, they are permitted to bring in passengers to the Air Port. With regard to issuance of Exts. P1/P1(a) permits, it is pointed out that such permits were wrongly issued showing the parking place as 'Nedumbasseri Air Port', without the knowledge or consent of the Air Port authorities. When the same was brought to the notice of the Air Port authorities, objections were raised before the Regional Transport authority, Ernakulam, pursuant to which necessary corrections have been brought into force by the RTA, as borne by Ext.R2(b) proceedings dated 20.12.2010. 5. After hearing, this Court finds that the alleged grievance of the petitioners stands redressed in so far as the Autorickshaws are agreed as permitted to bring in passengers to the Air Port without any obstruction. It is made clear that, notwithstanding the contents of any proceedings, minutes or decisions including Ext. R1(a), the Autorickshaws carrying passengers to the Airport shall be permitted to drop passengers at the Terminals,who however could be refused to park or remain in waiting within W.P.(C) No. 7487 OF 2011 5 the Air Port premises or to pick up any passengers from the Air Port. The Writ Petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk