K.P Suresh & Anr. vs UOI & Ors. SLP(C) 3233/2020

Petition challenging dismissal of Writ Petition by the Hon’ble High Court of Kerala, which sought stay and setting aside of proceedings to entrust the development, operation and management of the Thiruvananthpuram International Airport to the successful bidder, i.e. Adani Enterprises on the ground that the dispute was covered under Article 131 of the Constitution.. The Kerala High Court rejected the WP(C) without going into the merits of the case stating that dispute had arisen between the State of Kerala and the Union of India, and therefore, it falls under the original jurisdiction of the Hon’ble Supreme Court of India under Article 131 of the Constitution of India. Individual rights of private parties including the Petitioners were completely erased by the effect of the impugned order. The Employees of the Thiruvananthapuram International Airport (TIA) alleged that the aforesaid policy decision of privatizing the Airport which was a profit making PSU was violative of their rights u/s 14,19 and 21 as compared to the employees of other Airports managed by AAI.. It was argued that the impugned judgment meant that Article 131 usurped the operation of Article 226. The Hon’ble Supreme Court was pleased to allow the petition vide order dated 28.02.2020 and remanded the matter back to the Kerala HC with directions to hear the petitions on merits.


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