Dr. Xavier Mathew vs the Hotel & Restaurants Approval and Classification Committee(Hracc)

Dr. Xavier Mathew vs The Hotel & Restaurants Approval and Classification Committee(Hracc)

Type Court Judgment Court Kerala Decided Mar 03, 2022

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https://sooperkanoon.com/case/1443112

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Citation: sooperkanoon.com/1443112
Court: Kerala High Court
Judge: Honourable Mr.Justice N.Nagaresh
Decided On: Mar 03, 2022
Case Number: WP(C)/1463/2022

Parties & Advocates

Appellant / Petitioner

Dr. Xavier Mathew

Respondent

The Hotel & Restaurants Approval and Classification Committee(Hracc)

Excerpt

.....of the hotel and despite paying the prescribed fee, the respondents are hesitant to inspect the hotel and pass orders granting star classification. unless this court interferes in the matter and gives positive directions to respondents 1 and 2, the petitioner will be put to difficulties, contends the learned counsel for the petitioner.2. the learned central government counselrepresenting respondents 1 and 2 submits that a large number wp(c) no. 1463 of 2022 3 of applications for star classifications have been submitted during the last three years and effective inspections could not be conducted due to the nationwide covid-19 pandemic. respondents 1 and 2 are taking up cases one by one. respondents 1 and 2 will be able to inspect the hotel premises of the petitioner, within a period of six weeks. in the facts and circumstances of the case, the writ petition is disposed of directing the 2 nd respondent to cause inspection of the hotel premises of the petitioner and take a final decision on the application for classification submitted by the petitioner, within a period of six weeks. sd/- n.nagaresh judge hmh wp(c) no. 1463 of 2022 4 appendix of wp(c) 1463/2022 petitioner exhibits exhibit p1 true copy of the applicationno.071120csw962 dated 12/11/2020 obtained from the national integrated database of hospitality industry. exhibit p2 true copy of the judgment dated this hon’ble court respondent’s exhibit nil

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 3RD DAY OF MARCH 2022 / 12TH PHALGUNA, 1943 WP(C) NO. 1463 OF 2022 PETITIONER: DR. XAVIER MATHEW AGED 67 YEARS EDAKKADKUDI HOUSE, NEAR LAKESHORE HOSPITAL, PANANGAD, ERNAKULAM DISTRICT, PIN -682 506. GILBERT GEORGE CORREYA GEORGIE JOHNY ANITA ANN GEORGE ARDRA RADHAKRISHNAN ABHIJITH M.A RESPONDENTS:
1 THE HOTEL & RESTAURANTS APPROVAL AND CLASSIFICATION COMMITTEE(HRACC) MINISTRY OF TOURISM, C1-HUTMENTS, DALHOUSIE ROAD, NEW DELHI - 110 011 REPRESENTED BY ITS MEMBER SECRETARY. 2 THE HOTEL & RESTAURANTS APPROVAL AND CLASSIFICATION COMMITTEE(HRACO)(SOUTH) REPRESENTED BY ITS REGIONAL DIRECTOR & CONVENER, SOUTHERN REGIONAL OFFICE, 154, ANNA SALAI CHENNAI - 600 002. 3 STATE OF KERALA REPRESENTED BY SECRETARY, TOURISM DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM - 695 001. MANU S., ASG OF INDIA Girish Kumar V R1 & R2 SRI. APPU P.S, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 1463 OF 2022 2

JUDGMENT

Dated this the 3rd day of March, 2022 The petitioner, who is in the hospitality business, has applied for Star Classification of his Hotel named M/s.Grand Residency. The petitioner states that M/s.Grand Residency satisfies all the criteria prescribed for Four Star Classification. The petitioner has submitted application for Classification, which is complete in all respects. Despite submitting application for Classification of the Hotel and despite paying the prescribed fee, the respondents are hesitant to inspect the Hotel and pass orders granting Star Classification. Unless this Court interferes in the matter and gives positive directions to respondents 1 and 2, the petitioner will be put to difficulties, contends the learned counsel for the petitioner.

2. The learned Central Government Counsel

representing respondents 1 and 2 submits that a large number WP(C) NO. 1463 OF 2022 3 of applications for Star Classifications have been submitted during the last three years and effective inspections could not be conducted due to the nationwide Covid-19 pandemic. Respondents 1 and 2 are taking up cases one by one. Respondents 1 and 2 will be able to inspect the Hotel premises of the petitioner, within a period of six weeks. In the facts and circumstances of the case, the writ petition is disposed of directing the 2 nd respondent to cause inspection of the Hotel premises of the petitioner and take a final decision on the application for classification submitted by the petitioner, within a period of six weeks. sd/- N.NAGARESH JUDGE hmh WP(C) NO. 1463 OF 2022 4 APPENDIX OF WP(C) 1463/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPLICATION

NO.071120CSW962 DATED 12/11/2020 OBTAINED FROM THE NATIONAL INTEGRATED DATABASE OF HOSPITALITY INDUSTRY. Exhibit P2 TRUE COPY OF THE JUDGMENT DATED THIS HON’BLE COURT RESPONDENT’S EXHIBIT NIL

Same Court & Year Kerala · 2022 Same Parties Dr. Xavier Mathew vs The Hotel & Restaurants Approval and Cla... Same Judge Honourable Mr.Justice N.Nagaresh