MEHBOOB BI Vs. AIRPORT AUTHORITY

JUDGEMENT

(1.) THE petitioner claims damage and loss suffered by her due to the negligence of the Officer of the State. It is the case of the petitioner that she is a permanent resident of Mysore, has a daughter residing at Kingdom of Saudi Arabia, who delivered a baby after a surgery, required the petitioner to go over to Saudi Arabia and assist her daughter. In this regard, it is claimed that she purchased a ticket from an agent to travel by air from Bangalore to Bombay enroute to daman for which she had paid a sum of Rs. 30,300/ -. The journey was scheduled on 10. 6. 2002 at 00. 10 hours by flight No. A1-443. K of Air India. It is said that the 3rd respondent, carrier issued a boarding pass No. 80 at 23. 20 hours on 9. 6. 2002 and she checked in on the said date at 23. 20 hours. Thereafter, reported at the counter for immigration check, but the said authority, without assigning any reason, did not clear her for boarding the flight and made a demand of Rs. 5,000/and in addition, took away the boarding pass, restrained her from flying on the said date.

(2.) IT is the claim of the petitioner that due to the aforesaid illegal action on the part of the Officer of the State, caused loss of Rs. 30,300/-- and mental agony, torture and tension not being able to assist her daughter who was in dire need of her help/assistance and in addition, the expense of rs. 3,000/- met by her son-in-law for having travelled to Daman in Saudi Arabia to receive the petitioner. It is the further claim of the petitioner that she spent a sum of Rs. 2,000/- though typed as Rs. 20,000/- in the petition, for travelling by car from Mysore to Bangalore airport. Petitioner states that she being a senior citizen, holding a valid passport and visa that was issued on 5. 6. 2002 valid for a period of one month till 4. 7. 2002, armed with a ticket and a boarding pass, there was no reason for the Immigration Authorities to restrain her form leaving India to reach Daman the port of entry in Saudi Arabia. It is said that due to the illegal act of the immigration Authorities at the Airport in off loading the petitioner from the scheduled flight, her son lodged a complaint against the authorities at the Airport Police station on 10. 06. 2002. In support of her statement that a boarding pass was issued by the Airline, she has produced a letter dated 10. 6. 2002 issued by the Manager of the AIR India, Bangalore as at Annexure E and the copy of the complaint at Annexure F. In the premise of the aforesaid pleadings the petitioner seeks the following reliefs: " (a) A writ of Mandamus directing the first and second respondent to pay the damages of Rs. 1,00,000/- for the loss and mental agony suffered by the petitioner. (b) Issue any other writ, order or direction as this Hon'ble Court deems fit in the circumstances of the case. (c) Issue a writ of mandamus directing the second respondent to take appropriate legal action against the officials of the second respondent who was on duty on 10. 6. 2002 at 0. 10 hours. (d) Issue a writ of mandamus directing the 2nd respondent to consider Annexure-F. The representation dated 10. 6. 2002 and to pass appropriate order within a specified period in the interest of justice and equity.

(3.) THE petition is opposed by the 2nd respondent State by filing statement of objections dated 25. 8. 2004 interalia contending thus: "on verifying diary dated 9. 6. 2002 and 10. 6. 2002 it is ascertained that on 10. 6,2002 at 00. 10 hours, the Police Inspector immigration has made an entry stating that a passenger by name Smt. Mehaboob Bi holder of passport No. E. 1708547 had come to the immigration counter very late, as such she was off loaded, etc. "