Allowed

P.v.Suresh v. the Hotel & Restaurants Approval and Classification Committee (Hracc)

Kerala HC14 Feb 2022WP(C)/2879/2022

Case brief

AI extract

What is this about?

Petitioner sought classification of two hotels pending since June 2020 due to delay. Court directed Committee to inspect and pass orders within two months addressing pandemic backlog.

What did the court decide?

Directed 1st respondent to cause inspection of petitioner's two Hotels and pass orders on Star classification application within two months.

P.v.Suresh Vs the Hotel & Restaurants Approval and… — Service and Employment | Kerala HC (2022)

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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 N.NAGARESH

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MONDAY, THE 14^TH DAY OF FEBRUARY 2022 / 25TH MAGHA, 1943

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WP(C) NO. 2879 OF 2022

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PETITIONER:

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P.V.SURESH, AGED 62 YEARS, S/O.VASU, PROPRIETOR, HOTEL SAUGANDHIKA WEST GATE, KOLAGAPARA P.O., MEENANGADI, WAYANAD DISTRICT, RESIDING AT PUTHENVEETTIL HOUSE, SOUTH MONKUZHI, PULLIKANAKKU P.O., BHARANIKKAVU, ALAPPUZHA DISTRICT, PIN - 690 537.

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BY ADVS. C.C.THOMAS (SR.) M.G.KARTHIKEYAN NIREESH MATHEW NIJU MATHEW VIVEK VENUGOPAL SEBIN SEBASTIAN GAJENDRA SINGH RAJPUROHIT

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RESPONDENTS:

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1 THE HOTEL & 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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2 THE HOTEL & RESTAURANTS APPROVAL AND CLASSIFICATION COMMITTEE (HRACC)(SOUTH), REPRESENTED BY ITS REGIONAL DIRECTOR & CONVENER, SOUTHERN REGIONAL OFFICE, 154, ANNA SALAI, CHENNAI - 600 002.

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3 STATE OF KERALA, REPRESENTED BY SECRETARY, TOURISM DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM - 695 001. SRI.V.GIREESH KUMAR, CGC SRI. MANU S., ASGI SRI. APPU P.S., GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.02.2022, ALONG WITH WP(C).2942/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C)Nos.2879 & 2942/2022

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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 N.NAGARESH

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MONDAY, THE 14^TH DAY OF FEBRUARY 2022 / 25TH MAGHA, 1943 WP(C) NO. 2942 OF 2022

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PETITIONER:

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P.V. SURESH, AGED 62 YEARS, S/O.VASU, PROPRIETOR, SAUGANDHIKA RESIDENCY, NANGIARKULANGARA, HARIPAD, ALAPPUZHA DISTRICT, RESIDING AT PUTHENVEETTIL HOUSE, SOUTH MONKUZHI, PULLIKANAKKU P.O., BHARANIKKAVU, ALAPPUZHA DISTRICT, PIN - 690 537.

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BY ADVS. C.C.THOMAS (SR.) NIREESH MATHEW M.G.KARTHIKEYAN

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RESPONDENTS:

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

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2 THE HOTEL & RESTAURANTS APPROVAL AND CLASSIFICATION COMMITTEE (HRACC) (SOUTH), REPRESENTED BY ITS REGIONAL DIRECTOR & CONVENER, SOUTHERN REGIONAL OFFICE, 154, ANNA SALAI, CHENNAI -600 002. 3 STATE OF KERALA, REPRESENTED BY SECRETARY, TOURISM DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM - 695 001. SRI.V.GIREESH KUMAR, CGC SRI. MANU S., ASGI SRI. APPU P.S., GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.02.2022, ALONG WITH WP(C).2879/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C)Nos.2879 & 2942/2022

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JUDGMENT

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Dated this the 14^th day of February, 2022 [W.P.(C) Nos.2879 & 2942 of 2022]

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The petitioner owns 'Hotel Saugandhika West Gate', Kolagapara, Meenangadi in Wayanad District, which is the subject matter in W.P.(C) No.2879 of 2022. The petitioner also runs 'Saugandhika Residency, Nangiarkulangara, Haripad, Alappuzha District, which is the Hotel involved in W.P.(C) No.2942 of 2022.

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The petitioner states that the petitioner applied for Star classification of the petitioner's Hotels. The applications were scrutinised and are pending for inspection, from June, 2020 onwards. The Inspecting Team has not so far fixed a

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WP(C)Nos.2879 & 2942/2022

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schedule for inspection of the petitioner's Hotels for reasons best known to respondents 1 to 3.

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The petitioner contends that delay in passing orders on the applications submitted by the petitioner for Star classification of his Hotels, is causing much hardship and huge loss to the petitioner. The petitioner is entitled to get the Hotels classified within a reasonable time and the respondents are duty bound to conduct inspection and pass orders.

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The learned ASGI appeared and contested the writ petitions. The learned ASGI submitted that a large number of applications for classification of Hotels are pending consideration before the 1^st respondent-Hotel and Restaurants Approval and Classification Committee. Due to Covid-19 pandemic, effective inspections could not be carried out during the last three years. Therefore, a number of applications are pending consideration, which cannot be processed without conducting inspection. Respondents 1 and 2 are following a schedule for inspection. The 1^st respondent will be able to

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conduct inspection and consider the applications of the petitioner for classification of his Hotels and pass appropriate orders thereon within a period of two months.

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In view of the facts as stated above, these writ petitions are disposed of directing the 1^st respondent to cause inspection of the two Hotels of the petitioner and take a decision on the petitioner's application for Star classification of his Hotels, as expeditiously as possible and at any rate, within a period of two months.

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Sd/- N. NAGARESH JUDGE

APPENDIX OF WP(C) 2879/2022

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PETITIONER'S EXHIBITS:

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Exhibit P1 TRUE PHOTOCOPY OF THE TRACK APPLICATION STATUS OBTAINED FROM THE WEBSITE. Exhibit P2 PHOTOCOPY OF THE JUDGMENT DATED 01/03/2021 IN WP(C) NO.4135/2021 PASSED BY THIS HON'BLE COURT.

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APPENDIX OF WP(C) 2942/2022

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PETITIONER'S EXHIBITS:

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Exhibit P1 TRUE PHOTOCOPY OF THE TRACK APPLICATION STATUS OBTAINED FROM THE WEBSITE. Exhibit P2 PHOTOCOPY OF THE JUDGMENT DATED 01/03/2021 IN WP(C) NO.4135/2021 PASSED BY THIS HON'BLE COURT.

P.v.Suresh v. the Hotel & Restaurants Approval and Classification Committee (Hracc)

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P.v.Suresh v. the Hotel & Restaurants Approval and Classification Committee (Hracc)

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