IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-02-2010 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN W.P.No.3157 of 2010 S.Kavitha .. Petitioner. Versus 1.The Tamil Nadu Electricity Board, Rep. by its Chairman, No.800, Anna Salai, Chennai-600 002. 2.The Chief Engineer, Tamil Nadu Electricity Board, No.800, Anna Salai, Chennai-600 002. 3.The Executive Engineer, Tamil Nadu Electricity Board, K.K.Nagar, Chennai-600 078. 4.The Assistant Engineer, Operation and Maintenance, Karambakkam, T.N.E.B/C.E.D.C. South, Chennai-600 116. 5.The Chennai Metropolitan Development Authority, No.1, Gandhi Erwin Road, Egmore, Chennai-600 008. .. Respondents. PRAYER: Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents 1 to 4 herein to forthwith receive, consider and provide electricity service connection to the respective flats and for the common areas of the property developed by the petitioner at Plot No.5, measuring 2320 Sq.ft, in 1st Cross Street, Karambakkam, comprised in Survey No.45/2A1, situated in Karambakkam Village, Ambattur Taluk, Thiruvallur District, without insisting on the completion certificate from the fifth respondent herein. For Petitioner : Mr.D.Vijayan For Respondents : Mr.A.Selvendran (R1 to R4) Mr.I.Paranthaman (R5) O R D E R
This writ petition has been filed praying for a Writ of Mandamus to direct the respondents 1 to 4 herein to receive, consider and provide electricity service connection to the premises of the petitioner, measuring 2320 Sq.ft, situated at Plot No.5, 1st Cross Street, Karambakkam Village, Ambattur Taluk, Thiruvallur District, comprised in Survey No.45/2A1, without insisting on the completion certificate from the fifth respondent herein.
2. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the petitioner had submitted that she had constructed a building in the above mentioned survey numbers, consisting of ground +2 floors. According to G.O.(Ms) No.139, Municipal Administration and Water Supply (Metro Water) Department, dated 15.10.2007, the completion certificate would have to be obtained from the competent authority only for multi storeyed buildings and special buildings. Special Buildings have been defined, as buildings with ground +3 floors and Multi storeyed buildings are defined, as buildings with more than four floors. Since, the petitioner has obtained the approval of the revised plan for the construction of ground + 2 floors, from the Corporation of Chennai, the said government order, dated 15.10.2007, would not apply to the petitioner’s building.
3. The learned counsel had also relied on certain earlier orders of this Court, wherein, directions had been issued to the respondents therein to provide drainage and water connections/Electricity Service Connection to the premises of the concerned petitioners, without insisting on the completion certificate from the concerned authorities. Therefore, it has been prayed that the respondents 1 to 4 may be directed to provide electricity service connection to the petitioner’s premises, without insisting on the No Objection Certificate from the fifth respondent authority.
4. The learned counsels appearing on behalf of the respondents have no objection for this Court passing such an order.
5. In view of the submissions made by the learned counsels appearing for the parties concerned, the petitioner is permitted make an application to the respondents 1 to 4 seeking electricity connection to the premises of the petitioner, within a period of two weeks from today. On receipt of such application, the respondents 1 to 4 are directed to consider the same and provide electricity connection to the petitioner’s premises, as prayed for by the petitioner, within a period of four weeks from the date of receipt of a copy of the said application, without insisting that the petitioner should produce a completion certificate/No Objection Certificate from the fifth respondent or from any other authority concerned. However, it is made clear, that the respondent Tamil Nadu Electricity Board is not obliged to give the electricity service connection to the petitioner, if it is found that G.O.(Ms) No.139, Municipal Administration and Water Supply (Metro Water) Department, dated 15.10.2007, is not applicable to the petitioner.
The writ petition is disposed of with the above directions. No costs. Consequently, connected miscellaneous petition is closed.
Index:Yes/No 17-02-2010 Internet:Yes/No csh M.JAICHANDREN,J. csh To 1.The Tamil Nadu Electricity Board, Rep. by its Chairman, No.800, Anna Salai, Chennai-600 002. 2.The Chief Engineer, Tamil Nadu Electricity Board, No.800, Anna Salai, Chennai-600 002. 3.The Executive Engineer, Tamil Nadu Electricity Board, K.K.Nagar, Chennai-600 078. 4.The Assistant Engineer, Operation and Maintenance, Karambakkam, T.N.E.B/C.E.D.C. South, Chennai-600 116. 5.The Chennai Metropolitan Development Authority, No.1, Gandhi Erwin Road, Egmore, Chennai-600 008. W.P.No.3157 of 2010 17-02-2010