Petitioner facing revocation of Home Stay clearance prayed for its quashal. Court, accepting Govt stand of fresh application, dismissed writ directing respondent to reconsider fresh application with inquiry and hearing.
Directed 3rd respondent to consider petitioner's fresh application, inspect premises, and afford hearing opportunity within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 03RD DAY OF DECEMBER 2020/12TH AGRAHAYANA, 1942
WP(C).No.18531 OF 2019(N)
PETITIONER:
PENNAMMA MOHANAN, AGED 57 YEARS, W/O. MOHANAN, RESIDING AT KOCHUPARAMBIL HOUSE, THINAPURAM, MEPPADI P.O, WAYANAD-673577.
BY ADV. SRI.NIRMAL V NAIR
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF TOURISM, SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR, DEPARTMENT OF TOURISM, GOVERNMENT OF KERALA PARK VIEW, OPPOSITE TO MUSEUM COMPOUND, THIRUVANANTHAPURAM-695033.
5 THE STATION HOUSE OFFICER, MEPPADI POLICE STATION, MEPPADI P.O, WAYANAD-673577, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
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R1-3, R5 BY GOVERNMENT PLEADER SMT. DEEPA NARAYANAN R4 BY SHRI.MATHEW KURIAKOSE, SC, MUPPAINAD GRAMA PANCHAYAT
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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J U D G M E N T
~ ~ ~ ~ ~ ~ ~ ~ ~
Dated this the 3rd day of December, 2020
Petitioner is running a Home Stay at Wayanad. The Police Clearance Certificate and the NOC issued to the Home Stay were revoked as per order dated 20.06.2019 of the Deputy Superintendent of Police. The petitioner states that the cancellation of Police Clearance Certificate was in the light of Annexure-R5(b) letter issued by the Inspector of Police, Meppadi Police Station to the Deputy Superintendent of Police.
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hearing to the petitioner to explain the true facts. In such circumstances, the petitioner prays that Ext.P5 be set aside and respondents 3 and 5 be directed to permit the petitioner to conduct her Home Stay on the strength of Exts.P3 and P4 certificates, in accordance with law.
Accordingly, the writ petition is disposed of directing the 3rd respondent to consider Ext.P7 application
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submitted by the petitioner for Police Clearance Certificate. The 3rd respondent may cause inspection of the premises to ascertain that the technical shortfalls in respect of the Home Stay are made good. The petitioner will also be given an opportunity of hearing to explain any allegations against the conduct of the Home Stay. A decision on Ext.P7 application
shall be taken by the 3rd respondent within a period of six weeks.
Sd/- N. NAGARESH, JUDGE
aks/03.12.2020
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF REGULATORY CONDITIONS FOR HOMESTAYS AS PUBLISHED IN THE WEBSITE WWW.KERALATOURISM.ORG/ HOMESTAYACCREDITATION/GUIDELINES.PDF.
EXHIBIT P2 A TRUE COPY OF THE JUDGMENT DATED 11.4.2018 IN WP(C) NO.11774/2018 ON THE FILES OF THIS HONOURABLE COURT.
EXHIBIT P3 A TRUE COPY OF THE POLICE CLEARANCE CERTIFICATE DATED 7.11.2018 ISSUED BY THE 3RD AND 5TH RESPONDENT. EXHIBIT P4 A TRUE COPY OF THE CERTIFICATE DATED 4.6.2019 ISSUED BY THE 4TH RESPONDENT EXHIBIT P5 A TRUE COPY OF THE NOTICE DATED 27.06.2019 ISSUED BY THE 5TH RESPONDENT. EXHIBIT P6 TRUE COPIES OF THE PHOTOGRAPHS SHOWING THE DULY INSTALLED CCTV CAMERAS ALONG WITH THE IMAGES OF THE CCTV EXHIBIT P7 A TRUE COPY OF THE APPLICATION ALONG WITH REQUEST FORM FOR USER REGISTRATION DATED 20/10/2020 MADE BY THE PETITIONER BEFORE THE 5TH RESPONDENT.
EXHIBIT P8 A TRUE COPY OF THE E-CHALLAN DATED 09/11/2020 OF FEE REMITTED TO THE DISTRICT POLICE OFFICE, WAYANAD.
RESPONDENTS' EXHIBITS: ANNEXURE-R5(A) A TRUE COPY OF THE POLICE CLEARANCE CERTIFICATE NO.358/SB/HS/18-W DATED 07.11.2018.
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| ANNEXURE-R5(B) | A TRUE BY THE POLICE |
COPY OF 5TH RESPO CHIEF AND |
THE REPORT SUBMITTED NDENT TO THE DISTRICT 3RD RESPONDENT. |
|---|---|---|---|
| ANNEXURE-R5(C) | A TRU NO.41/2 DIRECTO |
E COPY 010 DATED R GENERAL |
OF THE CIRCULAR 08.07.2010 OF THE POLICE. |
| ANNEXURE-R5(D) ANNEXURE-R5(E) |
A TRUE NO.468/ A TRUE 10.12.2 |
COPY OF 2014. COPY OF T 014 AND IT |
THE FIR IN CRIME HE CHARGE SHEETED ON S TYPED COPY. |
1 issue framed by the court
Whether the petitioner is entitled to have her Home Stay application reconsidered without expressly adjudicating on the initial cancellation order
PENNAMMA MOHANAN
STATE OF KERALA
THE DIRECTOR, DEPARTMENT OF TOURISM, GOVERNMENT OF KERALA
THE DEPUTY SUPERINTENDENT OF POLICE, DISTRICT SPECIAL BRANCH, WAYANAD
MUPPAINAD GRAMA PANCHAYATH
THE STATION HOUSE OFFICER, MEPPADI POLICE STATION
N. NAGARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
