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2016 Supreme(Online)(KER) 30937

HIGH COURT OF KERALA
A. Muhamed Mustaque, J
GODFREY PRATHAP AND 6 OTHERS – Appellant
Versus
UNION OF INDIA AND 4 OTHERS – Respondent


Advocates:
SRI.C.S.GOPALAKRISHNAN NAIR, SRI.TOJAN J.VATHIKULAM, SC SRI.THOMAS MATHEW NELLIMOOTTIL, SC

JUDGMENT

These writ petitions are filed by the Authorised Couriers, who are having licence to operate from the premises of the Airport. They challenged the decision to enhance additional security from Rs.1,00,000/- to Rs.5,00,000/-. The petitioners' case is that the enhancement would not apply to an existing operator and would only operate against the person who intends to obtain a fresh application or intends to renew the original licence after the term is expired.

2. In paragraph 5 of the counter affidavit filed by the respondents in W.P.(C) No.29358/2011, it is stated as follows:

“The petitioner contends that he is not applicant, but authorized couriers. In this regard, it is submitted that an applicant does not cease to be W.P(.C) Nos.34365/2010 & 29358/2016 2 an applicant on being registered as an 'authorized courier'. Registration enables him to function as an authorized courier, and he becomes an applicant who got the registration. The term 'applicant' in the regulations includes an applicant who is registered (authorized courier) as well as a fresh applicant. It is also pertinent to note that as per Regulation 12, an authorized courier who has been registered under Regulation

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