ROLEX ARABIAN COURIER SERVICE Vs. C.C., THIRUVANANTHAPURAM

JUDGEMENT

(1.) 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 service in accordance with the permit issued by the 1st respondent, when a stalemate occurred by reason of the dispute between the 4th respondent -Airport Authority of India, the 1st respondent -Commissioner of Customs and the 5th respondent -Kerala State Industrial Enterprises; which resulted in suspension of the handling activities in the TIA. The 5th respondent was earlier appointed as the custodian of the cargo terminal within the TIA entitled to carry on the cargo handling at the airport. The Airport 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.

(2.) The notification appointing the Airport Authority of India as custodian has been issued and is produced across the Bar; which Bears No. C. No. VIII/48/65/2012 Cus. Tech., dated 16 -4 -2015. As it stands now, the Airport Authority of India is the custodian of the cargo handling terminal. The KSIE has the status of the handling agent under the Airport Authority 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 -3 -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 -5 -2015. The KSIE was directed to remit the amounts due within one month, i.e. on or before 28 -6 -2015. The period is not yet over and it is not clear whether the KSIE has made the deposit. In any event, the KSIE has further time even as per the order and the continuance of the KSIE would depend upon such compliance.

(3.) The learned Standing Counsel for the Airport Authority submits that if payment is not made as directed in the I.A. the Airport Authority of India would proceed with an open tender for appointing a handling agent. Hence, the stalemate continues despite a direction in the judgment dated 27 -3 -2015 even though the Commissioner of Customs on compliance of the said judgment allowed resumption of operation by the courier services.