IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29199 of 2010(Y)
1. CIAL SHOP OWNERS & STAFF WELFARE
... Petitioner
Vs
1. THE COCHIN INTERNATIONAL AIRPORT
... Respondent
2. THE MANAGING DIRECTOR,
3. THE MANAGER (COMMERCIAL),
For Petitioner :SRI.SAJEEV KUMAR K.GOPAL
For Respondent :SRI.N.N.SUGUNAPALAN, SC, KIAS LTD.
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :28/09/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO.29199 OF 2010(Y)
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Dated this the 28th day of September, 2010
J U D G M E N T
Petitioner is an Association of the licensees of shop rooms in
the premises of the Cochin International Air Port.
2. In this writ petition, though they challenge Ext.P5, they
aremainly aggrieved by the minimum licence fee specified in
clause 2.9. When the writ petition was considered by this court
on 23.9.2010, this court passed an interim order enabling the
members of the petitioner association to make their offers.
3. From the materials now produced by the learned Senior
Counsel appearing for the first respondent, it would appear that
several responses were received in pursuance to Ext.P5 tender
notice which were much more than the minimum licence fee
specified in clause 2.9 of Ext.P5. Being a commercial venture and
also in the light of the offers received by the respondents this
court cannot find anything objectionable in the minimum licence
fee prescribed by the first respondent in Ext.P5. Therefore
challenge against minimum licence fee prescribed in Ext.P5 has to
fail.
WPC.No. 29199/2010
:2 :
However, Senior Counsel appearing for the respondents
submits that the existing occupants will be given an opportunity
to make revised bids, matching their offer with the highest offer,
which the company has received in response to Ext.P5. In my
view that is a very reasonable stand adopted by the first
respondent and therefore leaving it open to the members of the
petitioner to take advantage of this offer, the writ petition is
disposed of .
(ANTONY DOMINIC)
JUDGE
vi/