Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE SMT. JUSTICE P.V.ASHA WEDNESDAY, THE 27TH DAY OF JANUARY 2021 / 7TH MAGHA, 1942 WP(C).No.28735 OF 2020(N) PETITIONER: M/S.POLAKULATH'S SREE KRISHNA REGENCY EAST NADA, OPPOSITE PRIVATE BUS STAND, GURUVAYOOR- 680101, THRISSUR DISTRICT, REPRESENTED BY ITS MANAGING PARTNER, P N KRISHNADAS, AGED 48 YEARS, S/O NARAYANAN(LATE).
BY ADVS. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENTS: 1 THE HOTEL AND RESTAURANTS APPROVAL AND CLASSIFICATION COMMITTEE (HRACC) MINISTRY OF TOURISM, C1-HUTMENTS, DALHOUSIE ROAD, NEW DELHI-110011, REPRESENTED BY ITS MEMBER SECRETARY. 2 THE HOTEL AND RESTAURANTS APPROVAL AND CLASSIFICATION COMMITTEE (HRACC) (SOUTH), REPRESENTED BY ITS REGIONAL DIRECTOR AND CONVENER, SOUTHERN REGIONAL OFFICE, 154, ANNA SALAI, CHENNAI- 600002. 3 STATE OF KERALA REPRESENTED BY SECRETARY, TOURISM DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. R1-2 BY ADV. SRI.T.V.VINU, CGC R3-ADV.SMT.PRINCY XAVIER, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.01.2021, ALONG WITH WP(C).401/2021(A), WP(C).1598/2021(Y), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE SMT. JUSTICE P.V.ASHA WEDNESDAY, THE 27TH DAY OF JANUARY 2021 / 7TH MAGHA, 1942 WP(C).No.401 OF 2021(A) PETITIONER: M/S.HOTEL ABAAM CHELSEA ( A UNIT OF ABAAM HOSPITALITY PVT LTD), SEA PORT-AIRPORT ROAD,KAKKANAD, NEAR BHARATH MATHA COLLEGE, ERNAKULAM, REPRESENTED BY ITS MANAGING DIRECTOR, ABRAHAM MATHEW, AGED 55 YEARS, S/O MATHEW(LATE).
BY ADVS. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENTS: 1 THE HOTEL AND RESTAURANTS APPROVAL AND CLASSIFICATION COMMITTEE (HRACC), MINISTRY OF TOURISM, CI-HUTMENTS, DALHOUSIE ROAD, NEW DELHI-110011, REPRESENTED BY ITS MEMBER SECRETARY. 2 THE HOTEL AND RESTAURANTS APPROVAL AND CLASSIFICATION COMMITTEE (HRACC) (SOUTH), REPRESENTED BY ITS REGIONAL DIRECTOR AND CONVENER, SOUTHERN REGIONAL OFFICE, 154, ANNA SALAI, CHENNAI- 600002. 3 STATE OF KERALA REPRESENTED BY SECRETARY, TOURISM DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. R1-2 BY SRI.T.V.VINU, CGC R3-ADV.SMT.PRINCY XAVIER, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.01.2021, ALONG WITH WP(C).28735/2020(N), WP(C).1598/2021(Y), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE SMT. JUSTICE P.V.ASHA WEDNESDAY, THE 27TH DAY OF JANUARY 2021 / 7TH MAGHA, 1942 WP(C).No.1598 OF 2021(Y) PETITIONER: MATHEW JOSEPH AGED 53 YEARS S/O. LATE JOSEPH, PROPRIETOR, LOVE LAND RESIDENCY, CHOTTANIKKARA P. O., PIN - 682 312, ERNAKULAM DISTRICT. BY ADVS. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENTS: 1 THE HOTEL AND RESTAURANT APPROVAL AND CLASSIFICATION COMMITTEE (HRACC) MINISTRY OF TOURISM, C1- HUTMENTS, DALHOUSIE ROAD, NEW DELHI - 110 011, REPRESENTED BY ITS MEMBER SECRETARY. 2 THE HOTEL AND RESTAURANTS APPROVAL AND CLASSIFICATION COMMITTEE (HRACC) (SOUTH) REPRESENTED BY ITS REGIONAL DIRECTOR AND CONVENER, SOUTHERN REGIONAL OFFICE, 154, ANNA SALAI, CHENNAI - 600 002. 3 STATE OF KERALA REPRESENTED BY SECRETARY, TOURISM DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. ADV.SRI.T.V.VINU,CGC ADV.SMT.VINITHA.B, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.01.2021, ALONG WITH WP(C).28735/2020(N),WP(C).401/2021(A) THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 27th day of January 2021 In all these Writ Petitions the petitioners are aggrieved by the fact that the inspection report is not uploaded in the website of the respondents, though the inspection was conducted in between 17.11.2020 and 24.11.2020.
2. Petitioners in all these cases had submitted
applications for classification of their hotels as four star. The 1st respondent and their team had conducted inspection in their hotels on 21.11.2020 and 22.11.2020. These writ petitions are filed stating that the respondents are not issuing classification certificates even after they submitted representations.
3. In Writ Petition No.28735/2020, a counter
affidavit is filed on behalf of the respondent Nos.1 and 2 in which the fact that the inspection was conducted is admitted. But it is stated that there was a raid by the Central Bureau of Investigation and all the records relating to the inspection of hotels conducted during the period of 18.11.2020 to 24.11.2020 are not traceable following the raid. It is stated that the CBI has also not shared any details of documents seized by it from the officer arrested. Paragraph 4 of the counter affidavit reads as follows;
“4. It is submitted that the original Inspection Report pertaining to the inspection of the Petitioner-hotel is not traceable in the office of Regional Director (South) following a raid conducted by the Central Bureau of Investigation, which led to the arrest of an officer from office of Regional Director, Chennai. It is pertinent to mention herein that records relating to inspection of hotels conducted during the period 18.11.2020 to 24.11.2020 are not traceable following the raid. The Central Bureau of Investigation has, so far, not shared any details of documents seized by it from the officer arrested. Hence, the Inspection Report of M/s.Polakulath Sree Krishna Regency, East Nada, Guruvayur could not be uploaded on the web- portal(www.nidhi.nic.in formerly known as www.hotelcloud.nic.in)) by the Indiatourism Chennai, which process is mandatory for the portal to open itself to the hotel to upload the documents from its side for scrutiny by the Ministry of Tourism, Government of India.”
4. Heard the learned Senior counsel appearing for the petitioner as well as Sri.T.V.Vinu, the learned CGC appearing for respondent Nos.1 and 2 in all these cases.
5. In the circumstances pointed out by the
respondents, I am of the view that it is only appropriate that the respondents conduct a fresh inspection. The grievance of the petitioners would be redressed in case a fresh inspection is conducted and the report is uploaded in the website and further proceedings are taken by the respondents for issuance of certificate, depending on the same.
6. Therefore, there shall be a direction to the
respondent Nos.1 and 2 to see that an inspection for classification is conducted in the case of all the three petitioners and to finalise the proceedings for issuance of certificates of classification in accordance with law, at the earliest within a period of six weeks. The Writ Petition is accordingly disposed of. Sd/- P.V.ASHA JUDGE DM APPENDIX OF WP(C) 28735/2020 PETITIONER'S EXHIBITS: EXHIBIT P1 PHOTOCOPY OF THE TRACK APPLICATION STATUS. EXHIBIT P2 PHOTOCOPY OF THE LETTER DATED 08.12.2020. SENT TO THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: EXHIBIT R1(A) THE TRUE COPY OF THE LETTER DATED
30.12.2020 ISSUED BY THE UNDER SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF TOURISM, NEW DELHI.
APPENDIX OF WP(C) 401/2021 PETITIONER'S EXHIBITS: EXHIBIT P1 PHOTOCOPY OF THE TRACK APPLICATION STATUS. EXHIBIT P2 PHOTOCOPY OF THE LETTER DATED 17.11.2020 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P3 PHOTOCOPY OF THE LETTER DATED 14.12.2020 SENT TO THE 1ST RESPONDENT. RESPONDENTS EXIBITS : NIL APPENDIX OF WP(C) 1598/2021 PETITIONER'S EXHIBITS: EXHIBIT P1 PHOTOCOPY OF THE TRACK APPLICATION STATUS. EXHIBIT P2 PHOTOCOPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 17.11.2020. EXHIBIT P3 PHOTOCOPY OF THE LETTER DATED 23.12.2020 SENT TO THE 1ST RESPONDENT. EXHIBIT P4 PHOTOCOPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT DATED 16.03.2012. RESPONDENTS EXIBITS : NIL //TRUE COPY// PA TO JUDGE