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Judgment
In all these Writ Petitions the petitioners are aggrieved by the fact that the inspection report is not uploaded in the website of the respondents,
though the inspection was conducted in between 17.11.2020 and 24.11.2020.
Petitioners in all these cases had submitted applications for classification of their hotels as four star. The 1st respondent and their team had
conducted inspection in their hotels on 21.11.2020 and 22.11.2020. These writ petitions are filed stating that the respondents are not issuing
classification certificates even after they submitted representations.
In Writ Petition No.28735/2020, a counter affidavit is filed on behalf of the respondent Nos.1 and 2 in which the fact that the inspection was
conducted is admitted. But it is stated that there was a raid by the Central Bureau of Investigation and all the records relating to the inspection of
hotels conducted during the period of 18.11.2020 to 24.11.2020 are not traceable following the raid. It is stated that the CBI has also not shared any
details of documents seized by it from the officer arrested. Paragraph 4 of the counter affidavit reads as follows;
“4. It is submitted that the original Inspection Report pertaining to the inspection of the Petitioner-hotel is not traceable in the office of Regional
Director (South) following a raid conducted by the Central Bureau of Investigation, which led to the arrest of an officer from office of Regional
Director, Chennai. It is pertinent to mention herein that records relating to inspection of hotels conducted during the period 18.11.2020 to 24.11.2020
are not traceable following the raid. The Central Bureau of Investigation has, so far, not shared any details of documents seized by it from the officer
arrested. Hence, the Inspection Report of M/s.Polakulath Sree Krishna Regency, East Nada, Guruvayur could not be uploaded on the web- portal
(www.nidhi.nic.in formerly known as www.hotelcloud.nic.in)) by the Indiatourism Chennai, which process is mandatory for the portal to open itself to
the hotel to upload the documents from its side for scrutiny by the Ministry of Tourism, Government of India.â€
Heard the learned Senior counsel appearing for the petitioner as well as Sri.T.V.Vinu, the learned CGC appearing for respondent Nos.1 and 2 in all
these cases.
In the circumstances pointed out by the respondents, I am of the view that it is only appropriate that the respondents conduct a fresh inspection.
The grievance of the petitioners would be redressed in case a fresh inspection is conducted and the report is uploaded in the website and further
proceedings are taken by the respondents for issuance of certificate, depending on the same.
Therefore, there shall be a direction to the respondent Nos.1 and 2 to see that an inspection for classification is conducted in the case of all the
three petitioners and to finalise the proceedings for issuance of certificates of classification in accordance with law, at the earliest within a period of
six weeks.
The Writ Petition is accordingly disposed of.