Disposed

Perumbavoor Hotels and Resorts Pvt.Ltd. v. State of Kerala

Kerala HC17 Dec 2018WP(C)/31449/2018

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by a hotel operator seeking classification and license continuation. Noting that the authority had already issued a reclassification order, the Court recorded the fact and dismissed the petition.

What did the court decide?

The petition was disposed of by recording that the reclassification order has already been issued by the 5th respondent.

Perumbavoor Hotels and Resorts Pvt.Ltd. Vs State of… — Service and Employment | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

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MONDAY,THE 17TH DAY OF DECEMBER 2018 / 26TH AGRAHAYANA, 1940

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WP(C).No. 31449 of 2018

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PETITIONER:

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PERUMBAVOOR HOTELS AND RESORTS PVT.LTD. PULLUVAZHY, PERUMBAVOOR, ERNAKULAM DISTRICT, REPRESENTED BY ITS MANAGING DIRECTOR, C.N.SUDHAKARAN, AGED 71 YEARS, S/O. NARAYANA PILLAI (LATE).

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BY ADV. M.G. KARTHIKEYAN

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY SECRETARY, TAXES (A) DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2 THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM-695033.

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3 THE DEPUTY COMMISSIONER OF EXCISE, ERNAKULAM-682018.

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4 THE HOTEL AND RESTAURANTS APPROVAL AND CLASSIFICATION COMMITTEE (HRACC), MINISTRY OF TOURISM, C1-HUTMENTS, DALHOUSIE ROAD, NEW DELHI-110 011 REPRESENTED BY ITS MEMBER SECRETARY.

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5 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.

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R4&R5 BY ADV. K.JAYESH MOHANKUMAR

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R1-R3 SRI.K.P.HARISH, SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 31449 of 2018

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JUDGMENT

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The petitioner, who is running a three star classified

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hotel viz., Perumbavoor Hotels and Resorts at Pulluvazhy in Ernakulam District, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 5^th respondent to declare the eligibility of the classification/reclassification of the petitioner's hotel at the earliest; and commanding respondents 1 to 3 to permit the petitioner hotel to continue the conduct of Ext.P2 FL-3 licence, renewed vide Ext.P3, till a decision is taken by the 5^th respondent on the application for classification/reclassification received and scheduled for inspection from 06.10.2018 as per Ext.P4 track application status.

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On 26.09.2018, when this writ petition came up for admission, the learned Senior Government Pleader for respondents 1 to 3 and also the learned Central Government Counsel for respondents 4 and 5, sought time to get instructions.

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On 11.10.2018, when this writ petition came up

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WP(C).No. 31449 of 2018

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for further consideration, the learned Central Government Counsel on instructions submitted that inspection has already been conducted on 06.10.2018 in connection with the application for reclassification made by the petitioner. The learned Central Government Counsel sought time to file statement.

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A statement has been filed by the learned Central Government Counsel on behalf of respondents 4 and 5.

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On 17.10.2018, when this writ petition came up

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for consideration, this Court passed the following order;

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“Learned Senior Government Pleader takes notice on admission for respondents 1 to 3. Learned Central Government Counsel takes notice on admission for respondents 4 and 5.

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A statement has been filed on behalf of respondents 4 and 5 by the Central Government Counsel.

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The learned Central Government Counsel would submit that two months' time is required for processing the application made by the petitioner for reclassification.

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In such circumstances, there will be an interim order directing the 3^rd respondent Deputy Excise Commissioner to allow the petitioner to function Ext.P2 FL-3 licence in respect of his star classified hotel

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WP(C).No. 31449 of 2018

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'M/s.Perumbavoor Hotels & Resorts Pvt.Ltd.' at Pulluvazhy, Perumbavoor, which has been renewed for the year 2018-19 by Ext.P3 license renewal certificate, by maintaining status quo as on 23.10.2018 for a period of two months, notwithstanding the expiry of Ext.P1 star classification.

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This order will be subject to the outcome of the application for reclassification now pending before the 5^th respondent.”

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Today, when this case is taken up for consideration, it is submitted by the learned counsel on both sides that orders have already been issued by the 5^th respondent on the application for reclassification made by the petitioner.

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Having considered the submissions made by the learned counsel on both sides, this writ petition is disposed of recording the fact that, based on the application for reclassification, the petitioner's hotel viz., Perumbavoor Hotels and Resorts, has already been issued with reclassification order by the 5^th respondent.

Sd/-

ANIL K.NARENDRAN

JUDGE

bpr

WP(C).No. 31449 of 2018

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	PHOTOCOPY OF THE CLASSIFICATION CERTIFICATE ISSUED BY THE 5TH RESPONDENT, DATED 4.4.2014.
EXHIBIT P2	PHOTOCOPY OF THE FL-3 LICENSE NO.E-145 ISSUED BY THE 2ND RESPONDENT, DATED 30.12.2008.
EXHIBIT P3	PHOTOCOPY OF THE FL-3 LICENSE RENEWAL CERTIFICATE DATED 2.4.2018 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P4	PHOTOCOPY OF THE APPLICATION STATUS TAKEN FROM THE WEBSITE OF THE 5TH RESPONDENT.
EXHIBIT P5	PHOTOCOPY OF THE JUDGMENT DATED 27.7.2017 IN WPC NO.23930/2017 PASSED BY THIS HON'BLE COURT.
EXHIBIT P6	PHOTOCOPY OF THE ORDER DATED 4.9.2018 IN WPC NO.27447/2018 PASSED BY THIS HON'BLE COURT.

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RESPONDENTS' EXHIBITS: NIL

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//TRUE COPY//

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P.A. TO JUDGE

Perumbavoor Hotels and Resorts Pvt.Ltd. v. State of Kerala

Case brief

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Perumbavoor Hotels and Resorts Pvt.Ltd. v. State of Kerala

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