Kerala High Court
M/S.Polakulath'S Sree Krishna ... vs The Hotel And Restaurants ... on 27 January, 2021
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:
WP(C).Nos.28735/2020,
1598/2021 & 401/2021
2
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:
WP(C).Nos.28735/2020,
1598/2021 & 401/2021
3
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:
WP(C).Nos.28735/2020,
1598/2021 & 401/2021
4
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
WP(C).Nos.28735/2020,
1598/2021 & 401/2021
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
WP(C).Nos.28735/2020,
1598/2021 & 401/2021
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
WP(C).Nos.28735/2020,
1598/2021 & 401/2021
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.
WP(C).Nos.28735/2020,
1598/2021 & 401/2021
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
WP(C).Nos.28735/2020,
1598/2021 & 401/2021
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
