THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.23115 of 2009 ORDER: The petitioner submitted an application on 25.08.2009 to the Tirupati Municipal Corporation, 2nd respondent herein with a request to permit her to establish a Bar and Restaurant in the premises in Survey No.413/1C2, Tata Nagar, Tirumala Bypass Road, Tirupati. It is stated that on coming to know that the permission for establishment of the Bar cannot be granted, the petitioner revised her application for establishment of Restaurant alone. The Health Officer of the Municipal Corporation, 3rd respondent herein rejected the application of the petitioner on the ground that the building is located in a residential area. The petitioner feels aggrieved by the same. It is urged that the 3rd respondent is not the competent authority to deal with the application of this nature and that in the same locality and in the immediate neighbourhood, several commercial establishments have been accorded permission. Heard the learned counsel for the petitioner and the learned counsel for the respondents. The application submitted by the petitioner was rejected mainly on the ground that the building is located in a residential area. It may be true that there would be division of work within the corporation. However, when important aspects such as the land use and grant of permission to commercial shops are involved, it is better that the Commissioner examines the matter and takes appropriate decision. The allegation made by the petitioner that the Corporation accorded permission to various commercial establishments in that very area becomes relevant. Therefore, the writ petition is allowed and the impugned order is set aside. It is directed that the 2nd respondent shall pass appropriate orders on the application submitted by the petitioner. It shall be open to the petitioner to supplement further grounds to her application. There shall be no order as to costs. _________ 30.10.2009 JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.23115 of 2009 Date: 30.10.2009 JSU