LAWS(KAR)-2013-2-78

RESIDENTS WELFARE ASSOCIATION Vs. COMMISSIONER

Decided On February 01, 2013
RESIDENTS WELFARE ASSOCIATION Appellant
V/S
COMMISSIONER Respondents

JUDGEMENT

(1.) THE petitioner which is a Residents Welfare Association of Lane No.3, Meenakshi Koil Street is before this Court assailing the order dated 26.07.2010 which is impugned at Annexure-E to the petition. It is alleged that the said order is not in conformity to the order dated 07.01.2000.

(2.) THE grievance of the petitioner is that the members of the petitioner are the residents of Lane No. 3 Cross, Meenakshi Koil Street being a residential locality but it is being used by hawkers and the respondents are not taking any action in this regard. In that view, the nature of suffering of the residents in the said area is highlighted. It is in that context, the petitioner is claiming that the order at Annexure-E dated 26.07.2010, wherein it is indicated that the Meenakshi Koil Street has been notified as a hawkers zone is contrary to the factual position inasmuch as the notification indicating the hawkers zone does not include this area. Hence, a direction in that regard has been sought.

(3.) IN that light, a perusal of the impugned document at Annexure-E would in fact disclose that the same is a correspondence addressed from the Assistant Revenue Officer to the Police Inspector, Commercial Street Police Station. Wherein, the fact relating to the notification of the hawkers zone has been indicated and it is also been suggested that in respect of Lane No.3 of Meenakshi Koil Street, since there is notification, the hawkers would be permitted and not in other areas. It is in that context, the petitioner contends that what has been notified in the order dated 07.01.2000 is the Meenakshi Koil Street itself, while the petitioner has grievance with regard to the Lane No.3. The learned counsel for the respondents would however contend that Lane No.3 is also a part of the Meenakshi Koil Street and it is in that regard, the Assistant Revenue Officer has stated that it forms a part of Lane which has been notified as hawkers zone.