Kerala Challenges AAI’s decision to hand over Trivandrum Airport Management to Adani Group.

By: – Syed Ali Taher Abedi

The Kerala Government has moved the Supreme Court challenging the move by Airport Authority of India to hand over Trivandrum airport Adani Enterprises for 50 years.
The contention of the Kerala Government is that the attempt on the part of the Airport Authority of India  to grant right of Operation, Management and Development of Thiruvananthapuram Airport, to a private party, who has no previous experience in managing airports is not in public interest.

The state-run Kerala State Industrial Development Corporation (KSIDC) had participated in the bid till the last minute but Adani Enterprises quoted the highest and won the bid in February last year.

The Kerala Government, which had earlier approached the high court, has also contended that the Centre was bound to consult the state government under a 2003 assurance before involving a private party.

The Kerala High Court Had Dismissed the plea by the State on the ground that the case is a dispute between Centre and the state and can be decided only by the Supreme Court under Article 131 of the Constitution.

On Dec 16 last year the High Court of Kerala had rejected the Kerala Government’s writ petition against the decision holding that the case comes under the ambit of Article131 of the Constitution, being a dispute against a functionary of the Central Government, therefore the High Court held. Writ petition under Article 226 of the Constitution was not maintainable at the instance of the State Government.

However, the Kerala Government has disputed this reasoning of the high court on the ground that Airport authority is a necessary party to the case and suit under Article 131 cannot be maintained if private body is a party to the case.

Read the Kerala High Court’s Judgement Here.