2015 (6) TMI 1000 - HC - Customs

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 the fact that there is a stalemate insofar as the operations in the Trivandrum International Airport.Therefore, the petitioners are permitted to carry 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

Summary

Issues:
Dispute between Airport Authority of India and Kerala State Industrial Enterprises leading to suspension of handling activities at Trivandrum International Airport (TIA), revocation of permits to courier operators, claim of exemption by Airport Authority, appointment of custodian, non-payment of dues by KSIE to Airport Authority, direction for KSIE to remit amounts, potential appointment of new handling agent by Airport Authority, inability of petitioners to operate due to disputes, seeking permission to operate through other airports.

Analysis:
The judgment addresses a complex scenario involving a dispute at Trivandrum International Airport (TIA) leading to the suspension of handling activities. The petitioner, a courier service provider, had been permitted to operate at TIA by the Commissioner of Customs. However, a stalemate arose due to disputes between the Airport Authority of India, the Commissioner of Customs, and the Kerala State Industrial Enterprises (KSIE), resulting in the suspension of operations.

In a related case, where permits of courier operators were revoked, the court directed the resumption of operations by the courier agents, with the Airport Authority of India appointed as the custodian. Subsequently, disputes persisted between the Airport Authority of India and KSIE, with the latter failing to remit dues to the former. The court directed KSIE to remit the amounts due within a specified time frame.

The judgment highlights the ongoing stalemate despite the court's directions, with the Airport Authority of India indicating a potential open tender for appointing a new handling agent if KSIE fails to comply. The petitioners, including the petitioner in this case, are unable to operate due to the disputes between the Airport Authority of India and KSIE.

The petitioner sought permission to operate through other airports like Bangalore and Cochin, subject to separate applications. The court noted that the petitioners would be permitted to resume operations at TIA once the Airport Authority of India resumes cargo handling facilities, as authorized by the Commissioner of Customs.

In conclusion, the writ petition was disposed of with observations allowing the petitioners to carry on their operations at TIA upon the Airport Authority of India's resumption of cargo handling facilities, emphasizing the need for resolution of disputes between the involved parties.