IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 3RD OCTOBER 2011 / 11TH ASWINA 1933 WP(C).No. 3422 of 2011(C) ------------------------------------- PETITIONERS: --------------------- 1. BAIJU K., S/O.KARUNAKARAN, AGED 40 YEARS, SREE VILASOM, AMBALAKKARA BUNGLOW, THRIKKANNAMANGAL, KOTTARAKKARA, KOLLAM. 2. ANIL KUMAR, SREEVILASOM, AMBALAKKARA, KIZHAKKEKARA, KOTTARAKARA, KOLLAM. BY SRI.C.C.THOMAS, SENIOR ADVOCATE, ADVS. SRI.M.G.KARTHIKEYAN, SRI.NIREESH MATHEW, SRI.NIJU MATHEW, SRI.BIJU GEORGE (VADASSERY). RESPONDENTS: ------------------------ 1. THE GOVERNMENT OF INDIA, MINISTRY OF TOURISM, REPRESENTED BY THE SECRETARY, NEW DELHI, PIN - 110 001. 2. THE REGIONAL DIRECTOR, INDIA TOURISM, GOVERNMENT OF INDIA, SOUTHERN REGIONAL OFFICE, 154, ANNA SALAI, CHENNAI-600 002. R1 & R2 BY SRI.P. PARAMESWARAN NAIR, ASST. S.G. OF INDIA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/10/2011, ALONG WITH W.A. NO. 1251/2011 AND CONNECTED CASES,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.3422/2011-C: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE LICENCE ISSUED FROM THE PANCHAYATH TO THE PETITIONERS. EXT.P.2: COPY OF THE PROVISIONAL OCCUPANCY CERTIFICATE ISSUED BY THE PANCHAYATH. EXT.P.3: COPY OF THE PROVISIONAL OWNERSHIP CERTIFICATE ISSUED BY THE PANCHAYATH. EXT.P.4: COPY OF THE N.O.C. ISSUED FROM THE HEALTH DEPARTMENT. EXT.P.5: COPY OF THE N.O.C. ISSUED FROM POLLUTION CONTROL BOARD. EXT.P.6: COPY OF THE N.O.C. ISSUED FROM FIRE DEPARTMENT. EXT.P.7: COPY OF THE LETTER OF THE R.2. EXT.P.8: COPY OF THE UNDERTAKING SUBMITTED BY THE PETITIONERS BEFORE THE GOVERNMENT. EXT.P.9: COPY OF THE APPLICATION FOR THREE STAR CLASSIFICATION. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE Prv. C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 3422 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of February, 2011 J U D G M E N T The petitioners have constructed a Hotel at Pulamon Junction in Kottarakkara. For the purpose of getting the said hotel classified as a Three Star Hotel they have submitted an application before the second respondent. This writ petition has been filed on being aggrieved by the inordinate delay in the matter of disposal of Ext.P9 application. 2. I have heard the learned counsel for the petitioners as also the learned Assistant Solicitor General of India for respondents 1 and 2. 3. Admittedly, Ext.P9 application is still pending consideration before the second respondent. Indisputably, the second respondent is clothed with the power to consider and pass orders thereon. In the said circumstances, there is no justification for the second respondent to disuse the power. Accordingly, without making any observation as to the merits of the contentions raised in this writ petition, it is disposed of WPC.3422/2011 : 2 : with a direction to the second respondent to consider and pass orders on Ext.P9 application in accordance with law, expeditiously, at any rate, within four weeks from the date of receipt of a copy of this judgment. It has been brought to my notice that Kottarakkara Grama Panchayat within whose jurisdiction the petitioners have constructed the building in question, has filed WP(C) No.33960/2010 before this Court. Prayer No.2 therein reads thus:- “To issue a writ of mandamus commanding the Indiatourism (3rd respondent) not to give any certificate, licence or permit classifying the illegally constructed building which is stated in Exts.P31 to 33 representations based upon any application submitted by the respondents 4 and 5 as having any Star facility or falling under Two, Three and Four Star standard or is a classified restaurant and to conduct enquiry regarding the illegal construction carried out by the respondents 4 and 5.” Obviously, the Panchayat has a contention that the very Hotel in question has been illegally constructed and therefore, the petitioners herein are not legally entitled to obtain any certificate, licence or permit classifying the Hotel as one having Star facility. It is made clear that this writ petition is disposed of with the above direction without prejudice to the contentions raised by the petitioners in WP(C)33960/2010. In other words, the parties to the said writ petition are free to WPC.3422/2011 : 3 : raise all the contentions on the said point as well. It is made clear that even if, ultimately, Ext.P9 application is allowed by the second respondent it will not prejudice the contention of the parties therein on the aforesaid question as well. Disposed of accordingly. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge