Kerala HC refuses to stay privatisation of Thiruvananthapuram airport

The Kerala High Court on Tuesday declined to stay the further proceedings in leasing out Thiruvananthapuram International Airport to Adani Enterprises.

The High Court while dismissing the government’s plea had observed that the dispute between was between the state and the Union government. Only the Supreme Court and not high courts, had jurisdiction in such Centre-State disputes.

Considering an application by the Kerala Government seeking the stay, the court adjourned the case for detailed hearing on September 15.The government also directed the parties in the case to produce the documents and wrap up their arguments before September 9.

In its application, the state government said unless the stay is granted, it will be put to irreparable injury and hardship.

The state government filed the application in the court, after an all-party-meeting in the state demanded withdrawal of the Union Cabinet’s decision last week to lease out the airport to Adani Enterprises.

Last year, the high court had dismissed the petition challenging the decision, terming it as not maintainable under Article 226 of the Constitution.

The state government then filed an appeal before the Supreme Court against the high court order.

The apex court set aside the judgement of the high court and the matter was remanded back to it for a decision on merit.

Referring to the top court directive, the state government said, “all further proceedings in relation to grant of lease with regard to operation, management and development of Thiruvananthapuram international airport to Adani Enterprises Ltd, is to be stayed pending disposal of the aforementioned writ petition.”

The state argued that Airport Authority of India’s decision to grant the right of operation, management and development of the airport to Adani Enterprises Limiter, which has no previous experience in managing airports, was not in the public interest.