Petitioner sought writs to quash an order, mandate renewal of hotel star classification, and permit sale of foreign liquor. Court dismissed petition as infructuous upon submission that reclassification already obtained.
Writ petition dismissed as infructuous because petitioner already obtained the requested reclassification.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
THURSDAY, THE 18TH DAY OF JULY 2019 / 27TH ASHADHA, 1941
WP(C).No.17019 of 2019
PETITIONER/S:
UDAYAN P., AGED 37 YEARS, S/O.PASUPALAN, MANAGER, KUTTIES RESIDENCY, MARKET JUNCTION, KONNI, PATHANAMTHITTA, RESIDING AT SIJU BHAVANAM, KADAPPA, NEAR ATTUPURAM HOSPITAL, MYNAGAPALLY.
BY ADVS. SRI.V.PHILIP MATHEW SRI.GIBI.C.GEORGE
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, TAXES (A) DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM-695 033.
3 THE DEPUTY COMMISSIONER OF EXCISE, PATHANAMTHITTA-689 645.
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.
5 THE HOTEL AND RESTAURANTES APPROVAL AND CLASSIFICATION COMMITTEE (HRACC) (SOUTH) REPRESENTED BY ITS REGIONAL DIRECTOR AND CONVENER, SOUTHERN REGIONAL OFFICE, 154, ANNA SALAI, CHENNAI-600 002.
BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA1
OTHER PRESENT:
SRI PAUL ABRAHAM VAKKANAL- GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.C.17019/19
2
J U D G M E N T
The petitioner, who is stated to be the manager of
a Bar Hotel by name Kutties Residency in Konni,
Pathanamthitta, has filed this writ petition under Article 226 of the Constitution of India, seeking the following reliefs:
"i) Issue a writ of certiorari or other appropriate writ or order quashing Ext.P7. ii) Issue a writ of mandamus or appropriate writ, order or direction for renewal of three star classification referred to in Exts.P4, P5 and P8 within a time limit to be specified by this Hon'ble Court.
iii) Issue appropriate writ or order declaring that sale of foreign liquor is permissible based on Exhibit P3 FL-3 license till a decision is taken by respondents 4 and 5 on the application for renewal of three star classification referred to in Exhibits P4, P5 and P8.
iv) Issue a writ of mandamus or appropriate writ, order or direction commanding respondents 1 to 3 to permit continuance of business in foreign liquor based on Exhibit P3 till a decision is taken by respondents 4 and 5 on the application pending before the 4th respondent as evident from Exhibits P4, P5 and P8."
W.P.C.17019/19 3
for consideration the learned Government Pleader took
notice for respondents 1 to 3. Urgent notice by speed post was ordered to respondents 4 and 5. It was also ordered to maintain Status quo with respect to the hotel in question, in respect of FL-3 licence, for a period of one month.
Today, when the case is taken up for consideration,
the learned counsel for the petitioner would submit
that the petitioner has already obtained reclassification and as such, the reliefs sought for in this writ petition have become infructuous.
Recording the aforesaid submission made by the learned counsel for the petitioner, this writ petition is dismissed as infructuous.
Sd/-
ANIL K.NARENDRAN
JUDGE
DG
W.P.C.17019/19
4
APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | COPY OF THE CERTIFICATE ISSUED BY THE MINISTRY OF TOURISM, GOVERNMENT OF INDIA RE-CLASSIFYING THE PETITIONER'S HOTEL UNDER THREE STAR CATEGORY FROM 22.6.2014 TO 21.6.2019. |
|---|---|
| EXHIBIT P2 | COPY OF THE ORDER DATED 15.7.2014 ISSUED BY THE 5TH RESPONDENT AWARDING THREE STAR CLASSIFICATION FROM 22.6.2014 TO 21.6.2019. |
| EXHIBIT P3 | COPY OF THE FL-3 LICENSE DATED 29.3.2019 ISSUED TO THE KITTIES RESIDENCY. |
| EXHIBIT P4 | COPY OF PRINTOUT DOWNLOADED FROM THE WEBSITE. |
| EXHIBIT P5 | COPY OF COMMUNICATION DATED 20.5.2019 FROM THE OFFICE OF THE 5TH RESPONDENT INFORMING ABOUT THE PROPOSAL TO CONDUCT INSPECTION ON 7.6.2019. |
| EXHIBIT P6 | COPY OF SCHEDULED INSPECTION NOTIFICATION DATED 23.5.2019 STATING THAT INSPECTION WOULD BE HELD ON 7.6.2019. |
| EXHIBIT P7 | COPY OF THE NOTICE DATED 10.6.2019 FROM THE THIRD RESPONDENT. |
| EXHIBIT P8 | COPY OF THE TRACK APPLICATION STATUS. |
| EXHIBIT P9 | COPY OF THE INTERIM ORDER DATED 20.12.2017 IN WPC NO.39110/17. |
| EXHIBIT P10 | COPY OF THE INTERIM ORDER DATED 20.12.2017 IN WPC NO.39110/17. |
| EXHIBIT P11 | COPY OF THE JUDGMENT IN 23930/17 DATED 27.7.2017. |
1 issue framed by the court
Whether the writ petition invoking Article 226 of the Constitution of India for renewal of hotel classification remains maintainable when the petitioner has already obtained the new classification.
1 provisions across 1 enactments
UDAYAN P.
STATE OF KERALA
THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM
THE DEPUTY COMMISSIONER OF EXCISE, PATHANAMTHITTA
THE HOTEL AND RESTAURANTS APPROVAL AND CLASSIFICATION COMMITTEE (HRACC)
THE HOTEL AND RESTAURANTES APPROVAL AND CLASSIFICATION COMMITTEE (HRACC) (SOUTH)
ANIL K.NARENDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
