IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 5117 of 2008 Between: 1 Sri N. Venkata Rao S/o. Veeraiah Chenchupet, Tenali, Guntur District. 2 Mrs. Ch,. Vadhumani W/o.late Balaramaiah Chenchupet, Tenali, Guntur District. 3 Ch. Venkataswamy Reddy S/o. Konda Reddy Chenchupet, Tenali, Guntur District. ..... PETITIONER(S) AND 1 The Government of A.P. Rep. by its Principal Secretary, Municipal Administration, Secreatariat, Hyderabad. 2 The Commissioner, Tenali Municipality Tenali, Guntur District. 3 The Regional Director, Directorate of Town Planning , Guntur, Guntur District. 4 The Vice Chairman, Vijayawada, Guntur, Tenali and Mangalagiri, Urban Development Authority, Vijayawada, Krishna District. 5 Dr. Gavini Rajendra Rao S/o. Venkata Subbaiah Guntur District. 6 Smt. Gavini Prasuna S/o.Dr.G. Rajendra Rao Guntur District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue writ order or direction more particularly one in the nature of writ of Mandamus declaring the inaction of the respondents 2 to 4 in taking action against the respondent Nos. 5 and 6 who are proceeding with the construction in T.S.No. 192/1 , 196/2 Ravi Ankineeduvari Street, Chenchupet, Tenali Guntur District, contrary to the sanction plan vide B.A.No. 291/07/G2 dt. 14-9-2007 of the 2nd respondent as illegal, arbitrary and consequently direct the respondents 1 to 4 herein to take action against the 5th and 6th respondents for making the constructions contrary to the sanctioned plan and to grant such other relief or reliefs Counsel for the Petitioner:MR.V.KISHORE Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : ORDER According to the petitioners, they are the absolute owners and possessors of house bearing No.11-2-3, Ravi Ankineeduvari Street, Chenchupet, Tenali. It appears that respondent Nos.5 and 6 with a view to construct a Community Hall, approached the official respondents, particularly respondent No.2, who accorded permission vide letter No.B.A.No.291/07/G2, dated 14.9.2007 approving the said plan. Assailing the said action, the petitioners approached this Court and filed the present writ petition stating that the said area where the petitioners are residing is a residential area and in a residential area, no commercial activity can be permitted. As the said Community Hall is meant for a commercial purpose, respondent No.2 ought not to have permitted respondent Nos.5 and 6 to proceed with the said construction by approving the said plan. Learned Standing Counsel for Tenali Municipality appearing on behalf of respondent No.2, on instructions, submits that the plan was approved as early as on 14.9.2007 and the said Community Hall was permitted to be constructed by respondent Nos.5 and 6 only for the purpose of residents of the said area. Heard the learned counsel for the petitioner, learned Government Pleader for Municipal Administration appearing on behalf of 1st and 3rd respondents, Sri S.Nageswara Reddy, learned Standing Counsel for Tenali Municipality appearing on behalf of the 2nd respondent, and Smt Aruna, learned Standing Counsel for Vijayawada, Guntur, Tenali and Mangalagiri Urban Development Authority, appearing on behalf of 4th respondent. It is true that in residential areas, no commercial activity shall be permitted, unless and until it is declared as a Commercial Zone. The construction of Community Hall, in my considered view, cannot be said to be a commercial activity and in any residential area, a Community Hall would be constructed for the purpose of the residents in that locality. Hence, I see no merits in this writ petition and the same is liable to be dismissed. Accordingly, the writ petition is dismissed. However, it is made clear that respondent Nos.5 and 6 shall strictly adhere to the sanctioned plan vide B.A.No.291/07/G2, dt.14.09.2007 and if any deviations are noticed, the same may be brought to the notice of the official respondents, who, in turn shall immediately take necessary action. No costs. __________ 22-12-2008 Note: Issue CC by two days. (B.O) rkk