Jayaprakasan Bahuleyan vs The Hotel And Restaurants ...
2021 Latest Caselaw 10419 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     FRIDAY, THE 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943

                       WP(C).No.4400 OF 2021(Y)


PETITIONER:

               JAYAPRAKASAN BAHULEYAN,
               S/O. BAHULEYAN, MATHANATTU HOUSE, KALLAMBALAM,
               THIRUVANANTHAPURAM-695605, REPRESENTED BY HIS POWER
               OF ATTORNEY HOLDER MR. AJESH V. KUMAR, AGED 39 YEARS,
               S/O. R.VASANTHAKUMAR, VINAYAKA, AKG NAGAR, OPP.
               HEALTH CENTER, PANGAPPARA P.O., THIRUVANANTHAPURAM-
               695581.

               BY ADVS.
               SRI.P.RAVEENDRAN PILLAI
               SRI.SANJAY THAMPI
               SHRI.SREEJI M.M
               SHRI.MADHUSOODANANNAIR.P

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, MINISTRY OF TOURISM,
               GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

      4        DIRECTOR OF TOURISM,
               PARK VIEW, OPP. MUSEUM, VIKAS BHAVAN P.O., GOVT.
               SECRETARIAT, THIRUVANANTHAPURAM-695001.

      5        UNION OF INDIA,
               REPRESENTED BY SECRETARY, MINISTRY OF TOURISM, NEW
               DELHI-110011.

      6        CORPORATION OF THIRUVANANTHAPURAM,
               VIKAS BHAVAN, THIRUVANANTHAPURAM CITY-695001,
 WP(C).No.4400 OF 2021(Y)       2

             REPRESENTED BY ITS SECRETARY.

             R1-2, R5 BY SRI.KRISHNADAS P.NAIR, CGC
             R6 BY ADV. SRI.N.NANDAKUMARA MENON (SR.)
             R6 BY ADV. SRI.P.K.MANOJKUMAR
             R6 BY ADV. VINITHA.B, GOVERNMENT PLEADER
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.4400 OF 2021(Y)         3



                           JUDGMENT

The grievance of the petitioner is that no inspection is so

far conducted despite the fact that the application was

submitted on 14.01.2001 for classification of the petitioner's

hotel "RACO AGENCY" as 3 star and the same was

scrutinized successfully, pending for schedule inspection on

28.01.2021. The learned Central Government Counsel

submits that the inspection has to be conducted along with

the State Government officials.

Therefore, there shall be a direction to the respondents

to see that the inspection is conducted within a period of 2

months in accordance with law and to finalize the

proceedings including the issuance of the classification within

a further period of one month.

The writ petition is disposed of accordingly.

SD/-

(P.V.ASHA, JUDGE)

rps/

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE WEBSITE PRINTOUT OF THE APPLICATION BEARING NUMBER 130121CS3402.

EXHIBIT P2 TRUE COPY OF THE STATUS OBTAINED FROM THE WEBSITE.

EXHIBIT P3 TRUE COPY OF THE SCRUTINY DETAILS OBTAINED FROM THE WEBSITE.

EXHIBIT P4 TRUE COPY OF RELEVANT PAGES OF THE PASSPORT OF THE PETITIONER.

EXHIBIT P5 TRUE COPY OF THE LICENSE BEARING NUMBER 140167472001073 DATED 11.1.2021 ISSUED BY THE SECRETARY OF 6TH RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BY THE PETITIONER IN FAVOR OF MR.AJESH V. KUMAR DATED 24.12.2020.

RESPONDENT'S/S EXHIBITS: NIL

//TRUE COPY//      PA TO JUDGE