Petitioner has approached this Court seeking the following reliefs:
“i) To issue a writ in the nature of certiorari or any other appropriate writ, order or direction, calling for the records leading up to and including Exhibit P9, and set aside the same;
ii) to issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the respondent to allow Exhibit P3 application submitted by the petitioner and issue re-classification certificate in respect of “The Pearlview Regency”, Thalassery.”
2. Petitioner is running a three star hotel, ‘The Pearlview Regency’ which was issued with star classification certificate valid for a period of five years from 18/04/2006. The petitioner applied for renewal of classification which was not considered by the respondent on the ground that the W.P.C.No.31967/2014 2 entire records have been seized by the Central Bureau of Investigation pursuant to an inspection conducted by them.
3. Statement is filed by the 1st respondent inter alia stating that since the entire records have been taken over by the CBI, they are unable to consider the application. Though the CBI had been impleaded in the case, they have filed a statement before this Court stating the details regarding the nature of case taken against various persons including the petitioner herein. However, it is stated that investigation by CBI is not a bar in giving re-classification certificate.
4. The learned counsel for the petitioner also points out that in a similar case, this Court had directed consideration of the re-classification application in accordance with the procedure prescribed.
Having regard to the above factual circumstances, I direct the the 1st respondent to consider the application for re-classifaction of the petitioner in accordance with the W.P.C.No.31967/2014 3 procedure prescribed. This shall be done within a period of three months from the date of receipt of a copy of this judgment.
ii) The petitioner shall submit all necessary records relating to the same to the 1st respondent within a period of fifteen days from today.
(sd/-) (A.M.SHAFFIQUE, JUDGE) jsr