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Madras High Court
T. Udayakumar vs 3 The Chennai Metropolitan on 29 April, 2011
       

  

  

 
 
 IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.4..2011

CORAM:

THE HONOURABLE MR. JUSTICE R.SUDHAKAR

W.P. No. 6608 of 2011
.......


T. Udayakumar							.. Petitioner 
                       
                                                 Vs.

1    THE CHENNAI METROPOLITAN                    
     WATER SUPPLY AND SEWERAGE BOARD,
     REP. BY ITS CHAIRMAN,
     NO.1  PUMPING STATION ROAD  
     CHENNAI-2.

2    THE EXECUTIVE ENGINEER ) 
     CHENNAI METROPOLITAN WATER SUPPLY AND 
     SEWERAGE BOARD  AREA OFFICE  K.K.NAGAR  
     CHENNAI-70

3    THE CHENNAI METROPOLITAN
     DEVELOPMENT AUTHORITY,
     NO.1  GANDHI IRWIN ROAD,
      EGMORE  CHENNAI-8.			     	            ... Respondents


Prayer:     Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st and 2nd respondents to forthwith  entertain,  process and grant water and sewerage connection to all the units developed by the petitioner S.No.394/1  and 420 part,  as per Patta C.A.No.1539/09 and 1540/09,  S.No.394 Part  420 Part and 276 Part,  present T.S.No.196/3 and T.S.No.36/3 partly, Kodambakkam Village  Old S.No.276 Part, as per Patta C.A.No.729/2009,  S.No.276 Part,  present T.S.No.196/4 of Virugambakkam Village,  Block No.71,  1 to 4 and Block No.72,  1 to 4,  R.K.Shanmugam Salai,  K.K.Nagar,  Chennai-78 without insisting Completion Certificate from the 3rd respondent.

                  For Petitioners            :   Mr S. Ramesh

                  For Respondents         :   Mr  A. Selvendran R1 & R2
						      Mr. C. Kathiravan - R3


ORDER 

This writ petition is filed to direct the 1st and 2nd respondents to forthwith entertain, process and grant water and sewerage connection to all the units developed by the petitioner S.No.394/1 and 420 part, as per Patta C.A.No.1539/09 and 1540/09, S.No.394 Part 420 Part and 276 Part, present T.S.No.196/3 and T.S.No.36/3 partly, Kodambakkam Village Old S.No.276 Part, as per Patta C.A.No.729/2009, S.No.276 Part, present T.S.No.196/4 of Virugambakkam Village, Block No.71, 1 to 4 and Block No.72, 1 to 4, R.K.Shanmugam Salai, K.K.Nagar, Chennai-78 without insisting Completion Certificate from the 3rd respondent.

2. In view of the Division Bench order passed earlier, the third respondent was called upon to inspect the premises and give a report as to whether there are major violations in the construction. On a direction by this Court, the property was inspected and a report has been filed by the third respondent. According to the report, the height of the building exceeds by 3 feet, which is refuted by the petitioner stating that it is an over head tank and not the actual building. On a perusal of the report, it appears to be some deviation which is minimal and marginal. The third respondent is at liberty to proceed against the petitioner for the violation in accordance with law. However, the respondents 1 and 2 are directed to provide water and sewerage connection if the application is otherwise in order.

3. The writ petition is allowed as above . No costs.

29.04.2011
ra
Index: /No
Internet: Yes/
To
1 TAMIL NADU ELECTRICITY BOARD
REP. BY ITS SENIOR ENGINEER,
SE/CEDC/CENTRAL,
CENTRAL DIVISION CHENNAI.

2    THE EXECUTIVE ENGINEER(O&M) 
     SE/CEDC/CENTRAL,  CHENNAI-17.

3    THE CHENNAI METROPOLITAN
     DEVELOPMENT AUTHORITY,
     NO.1  GANDHI IRWIN ROAD,
       EGMORE  CHENNAI-8.	







							                R. SUDHAKAR,J.,



											 ra
















							       WP No. 6608 of 2011













								    Date: 29.04.2011

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