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2025 Supreme(Online)(Ker) 47006

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
KABANI HERITAGE HOTEL COCHIN – Appellant
Versus
THE HOTEL & RESTAURANTS APPROVAL AND CLASSIFICATION COMMITTEE (HRACC) – Respondent


Advocates:
For the Appellants/Petitioners: M.G. Karthikeyan, Nireesh Mathew, Vivek Venugopal, Babu Jose, Gajendra Singh Rajpurohit, Athul Paulose, Akhil George, C.C. Thomas (SR.)
For the Respondents: O.M. Shalina

Table of Content
1. initial classification and its extension. (Para 1 , 2)
2. revocation notice and the petitioner's response. (Para 3 , 4)
3. adverse actions require opportunity for hearing. (Para 6)
4. natural justice principles articulated. (Para 7)
5. quashing of the revocation order ordered. (Para 8)

JUDGMENT

The petitioner was granted Ext.P1 certificate dated 10.05.2019 in respect of the classification of the petitioner’s hotel as ‘Heritage (Basic)’ for five years from 09.05.2019 to 08.05.2024. It has been extended again, as per Ext.P2, from 16.05.2024 to 15.05.2029. Based on such classification, the petitioner was granted an FL-3 licence by the State Excise Authorities, which is valid up to 31.03.2026.

2. As per Ext.P4 dated 23.09.2024, a show cause notice was issued to the petitioner, alleging five defects. Ext.P4 states that the above violations were noticed by the officials when they availed the washroom amenities of the hotel en route to Kochi after the completion of inspection of a different unit at Nedumbassery. The petitioner gave Ext.P5 reply and Ext.P6 additional reply on 16.10.2024 and 08.01.2025, respectively.

3. The petitioner contends that without any further notice or h

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