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2015 (6) TMI 1000 - KERALA HIGH COURT

2015 (6) TMI 1000 - KERALA HIGH COURT - 2016 (333) E.L.T. 6 (Ker.) - Suspension of handling activities in Trivandrum International Airport (TIA) - Stalemate occurred because of the disputes arised between Airport Authority of India and the KSIE - Petitioner requesting to allow resumption of operation by the courier service - Held that:- if the petitioner files an application before the respondents 2 and 3, then the same shall be considered independently in accordance with law also considering th .....

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titioner : Sri.P.A.Augustian And Sri.M.A.Baby For the Respondent : Sri.Thomas Mathew Nellimoottil,SC,CB EX And Sri.V.Santharam, Sri.M.Gopikrishnan Nambiar, Sri.P.Gopinath, Sri.P.Benny Thomas, Sri.K.John Mathai, Sri.Joson Manavalan And Sri.Kuryan Thomas JUDGMENT The petitioner is a courier service provider who has been permitted to operate in the Trivandrum International Airport (TIA) by the 1st respondent-Commissioner of Customs. The petitioner had been carrying on the operations of courier serv .....

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rport Authority of India subsequently was appointed as custodian of the premise and the KSIE had the status of a handling agent operating under the custodian; The Airport Authority of India. However, there were disputes between the custodian Airport Authority of India and the KSIE. 3. W.P(C) No. 2491/2015 in which two courier operators, similarly aggrieved were before this Court, was disposed of by judgment dated 27.03.2015. In the said case, the petitioners were aggrieved since there was a revo .....

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e been always enjoyed by the Airport Authority. The claim of exemption is challenged by the Commissioner of Customs citing that there was no exemption order from the Ministry of Finance. The writ petitions were considered and noticing that the stalemate occurred only on the basis of the dispute, as to who is the custodian, this Court in WP (C)2491/2015 by judgment dated 27.03.2015 directed that the petitioners therein, the courier agents, would be permitted to resume their operations by the Comm .....

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ority of India. Hence, any operation by the petitioner also will have to be only through the KSIE. However, again disputes arose between the Airport Authority of India and KSIE since the latters term expired on 31.03.2015. There also exist considerable dues to be paid by the KSIE to the Airport Authority of India. In such circumstance the Airport Authority of India approached this Court with an I.A No.6053/2015 in W.P(C) No.2491/2015, which was disposed of by order dated 28.05.2015. The KSIE was .....

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