IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 5^TH DAY OF AUGUST 2024 / 14TH SRAVANA, 1946 WP(C) NO. 27743 OF 2024 PETITIONER:

SMT.MAGGIE DAVIS, AGED 64 YEARS, W/O.E.J.DAVIS, PROPRIETRESS, M/S. HOTEL PRINCE PALACE, NANDAVANAM ROAD, PALAYAM, THIRUVANANTHAPURAM DISTRICT, KERALA, PIN - 695033 BY ADVS.

M.G.KARTHIKEYAN NIREESH MATHEW RESPONDENTS:

1 THE ASST. DIRECTOR, INDIA TOURISM, KOCHI, MINISTRY OF TOURISM, GOVT. OF INDIA, ULTRA MODERN TOURIST COMPLEX, GROUND FLOOR, FORT KOCHI., PIN - 682001

2 THE REGIONAL DIRECTOR INDIA TOURISM, SOUTHERN REGIONAL OFFICE, 154, ANNA SALAI, CHENNAI., PIN - 600002

3 UNION OF INDIA REPRESENTED BY THE SECRETARY (TOURISM), MINISTRY OF TOURISM, GOVT. OF INDIA, R.NO.109, TRANSPORT BHAVAN,1 PARLIAMENT STREET, NEW DELHI, PIN - 110001 DSGI IN CHARHE SRI. T.C. KRISHNA.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT The petitioner is conducting a 3 star classified hotel with FL-3 license issued under Rule 13(3) of the Foreign Liquor Rules. As the petitioner’s classification certificate was due to expire, she has submitted an application for renewal of reclassification on 23.05.2022. As the authorities failed to issue the reclassification order within time, the hotel had to function without classification status from 28.11.2022, the next date of expiry of the classification certificate. Later, an inspection was conducted by the respondents and even later, Ext.P4 certificate was issued on 08.04.2024, renewing the classification certificate from period is fixed at 28/11/2022 to 27/11/2027. According to the petitioner, as issuance of the renewed classification certificate was delayed for reasons not attributable to her, the certificate ought to be renewed from the date of issuance of the certificate or at least, the date of inspection. Raising this contention, the petitioner has preferred Ext.P5 appeal before the

3^rd respondent.

2. I heard the learned counsel for the petitioner and the learned Central Government Counsel.

3. In so far as the petitioner has preferred an appeal in terms of Clause 14E of Annexure II to the Guidelines for Approval of Hotel Projects and Star Classification of Operational Hotels, the 3^rd respondent is bound to consider the appeal and pass a reasoned order thereon.

The writ petition is hence disposed of directing the 3^rd respondent to consider Ext. P5, with notice to the petitioner, and pass a reasoned order thereon within two months of the receipt of a copy of this judgment.

Sd/-

V.G.ARUN JUDGE msp APPENDIX OF WP(C) 27743/2024 PETITIONER EXHIBITS:

Exhibit P1 TRUE PHOTOCOPY OF THE CERTIFICATE DATED

01.12.2017 ISSUED BY THE REGIONAL DIRECTOR, MINISTRY OF TOURISM, GOVT. OF INDIA.

Exhibit P2 TRUE PHOTOCOPY OF THE TRACK APPLICATION STATUS TAKEN FROM THE WEBSITE.

Exhibit P3 TRUE PHOTOCOPY LETTER DATED 04.03.2024 FIXING THE DATE OF INSPECTION AS 14.03.2024 RECEIVED BY THE PETITIONER Exhibit P4 TRUE PHOTOCOPY OF THE CERTIFICATE ISSUED ON

28.11.2022 BY THE MINISTRY OF TOURISM.

Exhibit P5 TRUE PHOTOCOPY OF THE APPEAL SUBMITTED BEFORE THE 3RD RESPONDENT BY WAY OF PETITION ON

09.04.2024