IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 21ST MARCH 2011 / 30TH PHALGUNA 1932 WP(C).No. 28754 of 2010(T) -------------------------------------- PETITIONER: ------------------ M/S.BINI AGENCIES, ROUND NORTH, THRISSUR, REPRESENTED BY ITS MANAGING PARTNER MRS.OMANA ASOKAN. BY ADVS. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH RESPONDENTS: ----------------------- 1. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA, DEPARTMENT OF TOURISM, TRANSPORT BHAVAN, 1-PARLIAMENT STREET, NEW DELHI - 110 001. 2. THE ASSISTANT DIRECTOR GENERAL (H & R) GOVERNMENT OF INDIA, MINISTRY OF TOURISM, H & R DIVISION, C - 1, HUTMENTS, DALHOUSIE ROAD, NEW DELHI - 110 001. R1 & R2 BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P (C) No.28754/2010 -2- APPENDIX PETITIONER'S EXHIBITS EXT.P1 – TRUE COPY OF THE OCCUPANCY CERTIFICATE DATED 03-07-2007. EXT.P2 – TRUE COPY OF THE STAR CLASSIFICATION ORDER ISSUED BY THE SOUTHERN REGIONAL OFFICE, INDIATOURISM (CHENNAI)/HRACC/ 2007(KER)/766, DATED 20-02-2008. EXT.P3 – TRUE COPY OF THE NOTIFICATION No.14-TH.II (1)/2007 DATED 07-12-2007 ISSUED BY THE DEPARTMENT OF TOURISM, GOVERNMENT OF INDIA. EXT.P4 – TRUE COPY OF THE LETTER DATED 15-07-2009 SENT BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P5 – TRUE COPY OF THE LETTER 30-10-2009, No.3-TH-II(91)/2008 SENT BY THE 2ND RESPONDENT TO THE PETITIONER. RESPONDENTS EXHIBITS NIL //TRUE COPY// P.A. TO JUDGE P.R.RAMACHANDRA MENON, J. ------------------------- W.P (C) No.28754 of 2010 -------------------------- Dated this the 21st March, 2011 J U D G M E N T The petitioner, who is running a 'Three star hotel' (which has been classified and obtained the 'Three Star Status' as borne by Ext.P2 star classification order dated 20th February, 2008) has applied for certain benefits flowing out of Ext.P3 notification issued by the Government on 7.12.2007. 2. The case of the petitioner is that, the application preferred by the petitioner for granting the benefits as per Ext.P3 has been rejected as per Ext.P5 communication dated 30.10.2009 issued by the Ministry of Tourism, Government of India, stating that the benefits cannot be granted for the reason that the application preferred by the petitioner was received only after the last date i.e.31.3.2008. 3. Respondents have filed a counter affidavit in support of the above stand, wherein, it has been stated in paragraph 8 as follows:- W.P (C) No. 28754 of 2010 2 " On examination of the application, it was observed that though the Hotel was commissioned and classified during the period 01.04.2007 to 31.03.2008 the hotel however submitted application for capital subsidy after the expiry of the scheme i.e 31.3.2008. Therefore, hotel was not eligible for Capital Subsidy under the revised scheme of 'Incentive to Accommodation Infrastructure". 4. The learned counsel for the petitioner submits that there is absolutely no rhyme or reason for rejecting the application of the petitioner, in so far as the reliance placed with reference to date of receipt of the application is irrelevant and insignificant. The only requirement as borne by Ext.P3, particularly 'clause 3', is that the hotel project should have been commissioned and classified by the Ministry of Tourism, Government of India with effect from 1.4.2007 to 31.3.2008. Ext.P1 occupancy certificate has been issued to the petitioner on 3.7.2007. Obviously the commissioning and classification has been given within the stipulated time, in view of the fact that Ext.P2 classification order has been passed on 20th February 2008 ie. much before the last date of 31.3.2008. This fact W.P (C) No. 28754 of 2010 3 has been admitted by the respondents in paragraph 8 of the counter affidavit as well. Going by the contents of Ext.P3, this Court does not find any clause to the effect that, so as to avail the benefit of Ext.P3, the 'application' should have been submitted on or before 31.3.2008 as contended by the respondents. 5. Accordingly, Ext.P3 is set aside and the respondents are directed to reconsider the application preferred by the petitioner in the light of the above observations. Appropriate orders shall be passed in accordance with law, strictly in terms of Ext.P3, as expeditiously as possible, at any rate, within 'two months' from the date of receipt of a copy of this judgment. Petitioner shall produce a copy of this judgment along with a copy of the writ petition before the respondents for taking further steps. The writ petition is disposed of as above. Sd/- P.R.RAMACHANDRA MENON, JUDGE ma /True copy/ P.A to Judge