TMI Blog2015 (6) TMI 1000X X X X Extracts X X X X X X X X Extracts X X X X ..... rry on their operations in the Trivandrum Airport, as and when the Airport Authority of India resumes the cargo handling facilities in TIA, since the 1st respondent, being such authority with respect to the TIA having permitted the petitioner to do so. - Petition disposed of - W.P(C) No. 29434 of 2014 - - - Dated:- 8-6-2015 - K. VINOD CHANDRAN, J For the Petitioner : 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 Inter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Handling of Cargo in Customs Area Regulations, 2009. The Airport Authority on the other hand claimed an exemption which is asserted to have 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 Commissioner. It was also directed that the Commissioner should issue necessary notifications making the Airport Au ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gh the Commissioner of Customs on compliance of the said judgment allowed resumption of operation by the courier services. 6. The petitioners and similarly situated persons are unable to carry on such operations, because of the disputes between Airport Authority of India and the KSIE. In the meanwhile the petitioner would further seek for a direction to the respondents to permit their operations through the Airport Authority, Bangalore and Cochin for which they will have to file separate applications. If the petitioner files such an application before the respondents 2 and 3, then the same shall be considered independently in accordance with law also considering the fact that there is a stalemate insofar as the operations in the Trivandr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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