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, https://hcservices.ecourts.gov.in/hcservices/ 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: Descriptio n 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 0.30m 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 0.30m 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 0.30m No North West 4.04m 3.52m due to 055 m covered projection Less by 0.54m Tolerance limit 0.30m No https://hcservices.ecourts.gov.in/hcservices/ Descriptio n Dimension as per approved plan Dimension as on site Extent of Deviation/ Violations Tolerance limit as per CC norms Whether satisfies CC norms 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 0.30m No Width of Building at Stilt Floor 9.30 m 9.32m Excess by 0.02m Tolerance limit 0.30m Yes Front Set Back at Stilt Floor level North East 3.51m 3.50 m --- Tolerance limit 0.30m 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 0.30m No N.F. 3.51m 2.90m due to 0.60 m covered projection Less by 0.61m Tolerance limit 0.30m 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 0.30m No. At Stilt Floor level North West 4.04m 4.08 m --- --- Yes https://hcservices.ecourts.gov.in/hcservices/ Descriptio n Dimension as per approved plan Dimension as on site Extent of Deviation/ Violations Tolerance limit as per CC norms Whether satisfies CC norms 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. https://hcservices.ecourts.gov.in/hcservices/ 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. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar 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. 1 cc To Mr.A.Selvendran, Advocate, SR.5326. 1 cc To Mr.J.Ravindran, Advocate, SR.5171. 1 cc To Mr.M.Vembadadiyan, Advocate, SR.4641. Writ Petition No.24004 of 2009 KSK(CO) RVL 05.02.2010 https://hcservices.ecourts.gov.in/hcservices/