K.Somasekharan Nair vs K.Somasekharan Nair

Citation : 2021 Latest Caselaw 414 Ker
Judgement Date : 6 January, 2021

Kerala High Court
K.Somasekharan Nair vs K.Somasekharan Nair on 6 January, 2021
             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT

               THE HONOURABLE MR.JUSTICE N.NAGARESH

   WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942

              RP.No.935 OF 2020 IN WP(C). 15412/2020

             AGAINST THE JUDGMENT DATED 29.07.2020 IN
            WP(C) 15412/2020 OF HIGH COURT OF KERALA

REVIEW PETITIONER/4TH RESPONDENT:

             K.SOMASEKHARAN NAIR,AGED 78 YEARS,
             S/O. K.K KUNJAN PILLAI, 'BHAVANI',
             CHERUPPORAKONAM, MELAMCODE, PAZHUKUTTY,
             NEDUMANGAD, THIRUVANANTHAPURAM 695 565.

             BY ADVS.
             SRI.SOORAJ T.ELENJICKAL
             SRI.D.S.SREEKUMARAN
             SHRI.ASWIN KUMAR M J
             SMT.HELEN P.A.
             SHRI.ARUN ROY
             SHRI.MUHAMMED SUHAIR C.A

RESPONDENTS/PETITIONER & RESPONDENTS 1 TO 3:

      1      DR.BIJU RAMESH,AGED 54 YEARS,
             S/O. LATE G. RAMESH, MANAGING PARTNER,
             M/S.HOTEL MYTHRI, RESIDING AT SAMTHRIPTHI,
             EAST FORT, THIRUVANANTHAPURAM 695 001.

      2      THE UNION OF INDIA,REPRESENTED BY ITS SECRETARY,
             MINISTRY OF TOURISM, NEW DELHI 110 011.

      3      THE DEPUTY DIRECTOR GENERAL (H AND R)
             MINISTRY OF TOURISM, GOVERNMENT OF INDIA,
             C-1 HUTMENTS, DALHOUSI ROAD, NEW DELHI 110 011.

      4      THE REGIONAL DIRECTOR,INDIA TOURISM-CHENNAI,
             GOVERNMENT OF INDIA, SOUTHERN REGIONAL OFFICE,
             154, ANNA SALAI, CHENNAI 600 002.

             R1 BY   ADV. SRI.ELVIN PETER P.J.
             R1 BY   ADV. SRI.K.R.GANESH
             R1 BY   ADV. SMT.KAIMAL PRIYA PADMANABHA
             R1 BY   ADV. SMT.GOURI BALAGOPAL
             R1 BY   ADV. SIDHARTH SUDHEER
             R2-R4   BY ADV. CHANDINI G NAIR, CGC

     THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 06.01.2021,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 RP No.935/2020

                                   2




                               ORDER

Dated this the 6th day of January, 2021 This is a Review Petition filed by the 4th respondent in WP(C) No. 15412/2020. The short point urged by the petitioner in this Review Petition is that before issuing Classification Certificate to the petitioner by the official respondents, the review petitioner also ought to be heard in the matter as he is an aggrieved party.

2. When this Review Petition came up for consideration today, counsel on either side submitted that a Classification Certificate [Annexure R1(a)] is already issued in favour of the petitioner pursuant to the directions of this Court. In view of the subsequent development, the review petitioner may have to challenge Annexure R1(a) certificate for redressal of his grievances.

Permitting the petitioner to challenge Annexure R1(a) if he is so advised, the review petition is closed.

Sd/-

N. NAGARESH JUDGE ncd RP No.935/2020 3 APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE I TRUE COPY OF THE NEWSPAPER REPORT APPEARED IN THE HINDU DAILY DATED 27/11/2020 ANNEXURE II TRUE COPY OF THE NEWSPAPER REPORT APPEARED IN THE MALAYALA MANORAMA DAILY DATED 27/11/2020 RESPONDENTS' EXHIBITS ANNEXURE R1(a) TRUE COPY OF THE 4 STAR CLASSIFICATION FILE NO. 12-HRACC(126)/2019-H&R DATED 02.09.2020 ISSUED TO THE 1ST RESPONDENT ANNEXURE R1(b) TRUE COPY OF THE TRACK SUMMARY DOWNLOADED FROM THE WEBSITE OF THE EXCISE COMMISSIONER ANNEXURE R1(c) TRUE COPY OF THE MAIL DATED 26.08.2020 ISSUED BY THE 2ND RESPONDENT TO THIS RESPONDENT AND THE PETITION FILED BY SRI.KRISHNA MOHAN, THE SON OF SRI.MOHANDAS.

ANNEXURE R1(d) TRUE COPY OF THE REPLY DATED 27.08.2020 SUBMITTED BY THE 1ST RESPONDENT ANNEXURE R1(e) TRUE COPY OF THE JUDGMENT DATED 25.11.2020 IN WP(C)NO.23546/2020 OF THIS HON'BLE COURT.

ANNEXURE R1(f) TRUE COPY OF THE JUDGMENT DATED 25.11.2020 IN WP(C)NO.21310/2020 OF THIS HON'BLE COURT.