IN THE HIGH COURT OF JUDICATURE AT MADRAS
Date:18.4.2011
CORAM
THE HONOURABLE MR. JUSTICE R.SUDHAKAR
Writ Petition No.6685 of 2011
M/s.Jayam Foundations,
represented by its Proprietor
Mr.P.Baskar,
No.31/67, Nadu Street,
Mylapore,
Chennai-600 004. ... Petitioner
vs.
1.The Tamil Nadu Electricity Board,
represented by its Chairman,
No.800, Anna Salai,
Chennai-600 002.
2.The Superintending Engineer,
Tamil Nadu Electricity Board
C.E.D.C./South,
110 KV, S.S. Complex,
K.K.Nagar,
Chennai-600 078.
3.The Assistant Executive Engineer
(Constructions),
Tamil Nadu Electricity Board,
Tidal Park,
Taramani Road,
Chennai-600 113.
4.The Assistant Engineer(O & M),
Tamil Nadu Electricity Board,
MCN Nagar,
Anand Nagar 3rd Cross Street,
Thoraipakkam,
Chennai-600 097.
5.Chennai Metropolitan
Development Authority,
represented by its
Member-Secretary,
No.1, Gandhi Irvin Road,
Egmore,
Chennai-600 008. ... Respondents
Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 4 to receive, consider and provide Electricity Service Connection to the building put up and for the common areas of the building put up by the petitioner forthwith at Plot Nos.25 & 26, Corporation Road, Saravana Nagar, Perungudi, Chennai-600 096 comprised in T.S.No.51/2B & 53/1Q of Seevaram Village, Kancheepuram Taluk without insisting upon production of completion certificate from the 5th respondent.
For Petitioner : Mr.R.Mohan
For Respondents : Mr.A.Selvendran,
for R1 to R4
Mr.C.Kathiravan,
for R5.
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O R D E R
Writ Petition is filed praying to issue a Writ of Mandamus, directing the respondents 1 to 4 to receive, consider and provide Electricity Service Connection to the building put up and for the common areas of the building put up by the petitioner forthwith at Plot Nos.25 & 26, Corporation Road, Saravana Nagar, Perungudi, Chennai-600 096 comprised in T.S.No.51/2B & 53/1Q of Seevaram Village, Kancheepuram Taluk without insisting upon production of completion certificate from the 5th respondent.
2. In view of the Division Bench order passed earlier, the fifth respondent was called upon to inspect the premises and give a report as to whether there is any major violation in the construction. On a direction by this Court, the property was inspected and report has been filed by the fifth respondent.
3. On a perusal of the report, it appears that there is no major violation with regard to dimension and set back in each floor. However, there is violation with regard to floor space index area. Inasmuch as the petitioner has constructed 508.422 square meters in excess of the approved plan, and is willing to remove the excess area for the purpose of compliance, the relief sought for can be considered.
4. The fifth respondent is directed to take appropriate action for the alleged violation in accordance with law. Subject to the above condition, the respondents 1 to 4 are directed to effect electricity service connection without insisting the completion certificate from the fifth respondent, if the application is otherwise in order. The writ petition is ordered as above. No costs.
ts
To
1.The Chairman,
Tamil Nadu Electricity Board,
No.800, Anna Salai,
Chennai-600 002.
2.The Superintending Engineer,
Tamil Nadu Electricity Board
C.E.D.C./South,
110 KV, S.S. Complex,
K.K.Nagar,
Chennai-600 078.
3.The Assistant Executive Engineer
(Constructions),
Tamil Nadu Electricity Board,
Tidal Park,
Taramani Road,
Chennai-600 113.
4.The Assistant Engineer(O & M),
Tamil Nadu Electricity Board,
MCN Nagar,
Anand Nagar 3rd Cross Street,
Thoraipakkam,
Chennai-600 097.
5.The Member-Secretary,
Chennai Metropolitan
Development Authority,
No.1, Gandhi Irvin Road,
Egmore,
Chennai 600 008