Disposed

M/S. Hotel Ashoka Inn v. State of Kerala

Kerala HC5 Dec 2018WP(C)/33397/2018

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition filed by a hotel seeking to quash a notice restricting bar operations and mandating a reclassification order. Upon receiving the Second Respondent's approval of 3-star classification via an order dated 23.10.2018, the Court recorded the facts and closed the matter without further interim relief.

What the court decided

AI extract

M/S. Hotel Ashoka Inn Vs State of Kerala — 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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WEDNESDAY,THE 05TH DAY OF DECEMBER 2018 / 14TH AGRAHAYANA, 1940

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WP(C).No. 33397 of 2018

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PETITIONER:

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M/S. HOTEL ASHOKA INN (A UNIT OF BINI AGENCIES), (REG. NO. 971/1988) T.B. ROAD, SAKTHAN THAMPURAN NAGAR, THRISSUR DISTRICT, PIN-680 001 REPRESENTED BY ITS MANAGING PARTNER, OMANA ASOKAN.

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BY ADVS. SMT.DAISY A.PHILIPOSE SRI.JAI GEORGE

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF TAXES, SECRETARIAT, THIRUVANANTHAPURAM - 695001

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2 THE REGIONAL DIRECTOR (SOUTH) AND CONVENOR OF REGIONAL CLASSIFICATION COMMITTEE (SOUTHERN REGION), SOUTHERN REGIONAL OFFICE, #154, ANNA SALAI, CHENNAI - 600 002.

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3 THE REGIONAL CLASSIFICATION COMMITTEE (SOUTHERN REGION) OF HOTEL AND RESTAURANT APPROVAL AND CLASSIFICATION COMMITTEE, SOUTHERN REGIONAL OFFICE, #154, ANNA SALAI, CHENNAI - 600 002.

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4 THE DEPUTY COMMISSIONER OF EXCISE, OFFICE OF THE DEPUTY COMMISSIONER OF EXCISE, THRISSUR-1.

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R2&R3 BY ADV. SRI.SHARATH NARAYAN NAMBIAR

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R1&R4 SENIOR GOVERNMENT PLEADER: SRI.K.P.HARISH.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 33397 of 2018

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JUDGMENT

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The petitioner, which is a registered partnership firm running a Bar Hotel at Thrissur viz., M/s. Hotel Ashoka Inn, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P3 notice dated 10.10.2018 issued by the 4^th respondent Deputy Excise Commissioner and seeking a writ of mandamus commanding the 4^th respondent to permit the petitioner to conduct the bar hotel on the basis of Ext.P2 FL3 licence. The petitioner has also sought for a writ of mandamus commanding the 2^nd respondent, Regional Director and Convener of Regional Classification Committee to consider and pass orders on Ext.P6 application made by the petitioner for reclassification of its hotel, expeditiously, in accordance with law.

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On 12.10.2018, when this writ petition came up for admission, the learned Assistant Solicitor General of India sought time to get instructions.

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On 17.10.2018, when this writ petition came up for further consideration, it was submitted by the learned

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WP(C).No. 33397 of 2018

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Assistant Solicitor General that, based on the application for reclassification made by the petitioner, an inspection has already been conducted on 08.10.2018 and that the petitioner has been asked to produce certain additional documents. The learned Assistant Solicitor also submitted that a statement on behalf of respondents 2, 3 and 4 shall be placed on record by 22.10.2018.

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On 22.10.2018, when this writ petition came up

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for consideration, this Court passed the following order;

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“In terms of the order of this Court dated 17.10.2018, a statement has been filed by the Assistant Solicitor General of India on behalf of respondents 2 and 3, wherein it has been stated that M/s.Hotel Ashoka Inn, has already been inspected by the inspection committee of the second respondent on 8.10.2018 and the committee has already recommended for classification of the said hotel under 3 star category. Now, as per the guidelines issued by the Ministry of Tourism, Government of India, for classification/reclassification of hotels, the petitioner has to upload certain documents and undertakings in the web portal. On submission of the requisite documents by the petitioner, it will be scrutinised at Chennai. Thereafter, it will be sent to the Ministry of

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WP(C).No. 33397 of 2018

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Tourism, Government of India, New Delhi. The approval of the competent authority will be conveyed after successful scrutiny of the requisite documents. On receipt of necessary approval from the Ministry, classification order will be issued by respondents 2 and 3.

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The learned ASGI, on instructions, would submit that two months' time is required for completing the entire process.

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In such circumstances, there will be an interim order directing the fourth respondent Deputy Commissioner to allow the petitioner to conduct Bar hotel on the strength of Ext.P1 FL-3 licence and Ext.P2 renewal certificate by maintaining the status quo as on 5.9.2018 for a period of two months, notwithstanding the expiry of Ext.P4 3 star classification.

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This order will be subject to the outcome of Ext.P6 application for reclassification, now pending before respondents 2 and 3.”

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A statement has been filed by the learned Central Government Counsel on behalf of respondents 2 and 3, producing therewith a copy of the order dated 23.10.2018 of the 2^nd respondent granting 3 star classification to the petitioner's hotel viz., M/s. Hotel Ashoka Inn at Thrissur for a period of 5 years from 06.09.2018 till 05.09.2023.

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WP(C).No. 33397 of 2018

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In such circumstances, this writ petition is disposed of,

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recording the fact that, in terms of Annexure R2(a) order dated 23.10.2018 of the 2^nd respondent, the petitioner's hotel has already been granted reclassification for the period

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upto 05.09.2023.

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Sd/- ANIL K.NARENDRAN JUDGE

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bpr

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WP(C).No. 33397 of 2018

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 A TRUE COPY OF THE F.L.3 LICENSE DATED 13/09/2017 ISSUED TO THE PETITIONER BY THE EXCISE COMMISSIONER.

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EXHIBIT P2 A TRUE COPY OF THE F.L.3 LICENSE RENEWAL CERTIFICATE DATED 29/03/2018 ISSUED TO THE PETITIONER BY THE 4TH RESPONDENT. EXHIBIT P3 A TRUE COPY OF THE NOTICE DATED 10/10/2018 ISSUED TO THE PETITIONER BY THE 4TH RESPONDENT.

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EXHIBIT P4 A TRUE COPY OF THE 3-STAR CLASSIFICATION ORDER DATED 12/09/2013 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT.

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EXHIBIT P5 A TRUE COPY OF THE CERTIFICATE ISSUED TO THE PETITIONER BY THE CHAIRMAN HOTEL AND RESTAURANT APPROVAL AND CLASSIFICATION COMMITTEE.

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EXHIBIT P6 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT AVAILABLE IN THE WEBSITE MAINTAINED BY THE 2ND RESPONDENT. EXHIBIT P7 A TRUE COPY OF THE NOTICE DATED 24/09/2018, ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT. EXHIBIT P8 A TRUE COPY OF THE JUDGMENT IN W.P.(C) NO. 16040 OF 2018, DATED 21/05/2018.

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RESPONDENTS' EXHIBITS:

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ANNEXURE R2(A) TRUE COPY OF THE ORDER DATED 23.10.2018 BEARING APPROVAL NO.180923RS3409.

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//TRUE COPY//

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P.A. TO JUDGE

M/S. Hotel Ashoka Inn v. State of Kerala

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M/S. Hotel Ashoka Inn v. State of Kerala

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