IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 27-01-2010 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.24004 of 2009 Tmt.Leela K.Joseph .. Petitioner. Versus 1.The Chairman, Tamil Nadu Electricity Board, No.800, Anna Salai, Chennai-600 002. 2.The Superintendent Engineer, Tamil Nadu Electricity Board, 110 K.V. Sub-Section, Anna Salai, K.K.Nagar, Chennai-600 078. 3.The Assistant Engineer, Tamil Nadu Electricity Board, Trustpuram, Kodambakkam, Chennai-600 024. 4.The Member Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008. .. Respondents. Prayer: Petition filed seeking for a Writ of Mandamus, directing the first to third respondents to receive the petitioner's application for grant of electricity connection to the petitioner's building at New Door No.2, Old Door No.13, Trustpuram, Puliyur Village, 3rd Cross Street, Kodambakkam, Chennai-600 024, without insisting on the completion certificate from the fourth respondent in the circumstances of this case. For Petitioner : Mr.M.Vembadiyan For Respondents : Mr.A.Selvendran (R1 to R3) Mr.D.Veerasekaran (R4) O R D E R
This writ petition has been filed praying for a Writ of Mandamus to receive the petitioner’s application for the grant of electricity service connection to the petitioner’s building, at New Door No.2, Old Door No.13, Trustpuram, Puliyur Village, 3rd Cross Street, Kodambakkam, Chennai, without insisting on the completion certificate from the fourth respondent.
2. Based on the direction issued by this Court, the Chennai Metropolitan Development Authority has filed a report, dated 27.1.2010, which reads as follows:
Description
Dimension as per approved plan
Dimension as on site
Extent of Deviation/
Violations
Tolerance limit as per CC norms
Whether satisfies CC norms
Set Back
Front Set Back at Stilt Floor level South East
3.51m
3.64m
—
Tolerance limit 0.30 m
Yes
Front First floor level 4th floor level
South East
4.04m
3.50m due to 0.55 m covered projection
Less by 0.55 m
Tolerance limit 0.30 m
No.
Side Set Back
(North)
Stilt Floor level
North East
4.04m
4.05.m
—
—
Yes
North West
4.04m
4.07m
—
—
Yes
From First
Floor to 4th
Floor to 4th floors
North East
4.04m
3.50 m due to 0.55 m covered projection
Less by
0.54 m
Tolerance
limit 0.30 m
No
North West
4.04m
3.52m due to 055 m covered projection
Less by
0.54m
Tolerance
limit 0.30 m
No
Building
Dimension
at Stilt floor level
20.42m
20.46m
Excess by
0.04 m
Tolerance
limit 0.30m
Yes
From First floor to 4th floor
20.42 m
21.56m
Excess by 1.14m
Tolerance limit 0.30 m
No
Width of Building at Stilt Floor
9.30 m
9.32m
Excess by 0.02m
Tolerance limit 0.30 m
Yes
Front Set Back at Stilt Floor level North East
3.51m
3.50 m
—
Tolerance limit 0.30 m
Yes
From First floor to 4th floor
South East
3.51m
3.04m due to 0.60 m covered projection
Less by 0.47
Tolerance limit 0.30 m
No
N.F.
3.51m
2.90m due to 0.60 m covered projection
Less by 0.61m
Tolerance limit 0.30 m
No
Rear Set Back
At Stilt Floor level south west
4.04m
3.50 m due to stair case
Less by 0.54 m
Tolerance limit 0.30 m
No.
At Stilt Floor level North West
4.04m
4.08 m
—
—
Yes
From First floor level to 4th floors
South West
4.04 m
3.44 m due to 0.60 m covered projection
Less by
0.60 m
Tolerance limit 0.30 m
No
North West
4.04 m
3.48 m due to 0.60 covered
projection
Less by
0.56 m
Tolerance limit 0.30
No
Side Set Back (South) Stilt Floor level
South East
4.04m
4.05 m
—
—
Yes
South West
4.04 m
4.04m
—
—
Yes
From First
Floor to 4th Floor
9.30m
10.52m
Excess by
1.22m
Tolerance limit 0.30 m
No
Floor Space Index
1.496.
1.93
Excess by 0.43 (or) 209.97m2
Tolerance limit 0.03 or 50 sq.m. Whichever is higher
No
Parking
9 Nos
5 Nos feasible
Less by 4 Nos.
—-
No
3. In view of the earlier order passed by this Court, on 3.12.2009, in W.P.No.21699 of 2009 and considering the fact that the deviation, as shown in the report is minimal in nature, the writ petition is disposed of with a direction to the respondents 1 to 3 herein, to receive and consider the application of the petitioner and to provide electricity service connection to the petitioner’s building, at New Door No.2, Old Door No.13, Trustpuram, Puliyur Village, 3rd Cross Street, Kodambakkam, Chennai-600 024, without insisting on the completion certificate from the fourth respondent, within a period of six weeks from the date of receipt of a copy of this order.
4.However, it is made clear that it is open to the Chennai Metropolitan Development Authority to take a decision, with regard to the deviations, at the time of the issuing of the completion certificate. Accordingly, the writ petition is disposed of. No costs.
Index:Yes/No 27-01-2010
Internet:Yes/No
csh
M.JAICHANDREN,J.
csh
To
1.The Chairman,
Tamil Nadu Electricity Board,
No.800, Anna Salai,
Chennai-600 002.
2.The Superintendent Engineer,
Tamil Nadu Electricity Board,
110 K.V. Sub-Section,
Anna Salai, K.K.Nagar, Chennai-600 078.
3.The Assistant Engineer,
Tamil Nadu Electricity Board,
Trustpuram, Kodambakkam,
Chennai-600 024.
4.The Member Secretary,
Chennai Metropolitan Development
Authority, No.1, Gandhi Irwin Road,
Egmore, Chennai-600 008.
Writ Petition No.24004 of 2009
27-01-2010