IN THE HIGH COURT OF JUDICATURE AT MADRAS Date:6.4.2011 CORAM THE HONOURABLE MR. JUSTICE R.SUDHAKAR Writ Petition No.4720 of 2011 1.P.V.Ananthachary, 2.V.K.Raghavan, 3.Mrs.K.Menakshi, (Petitioners are represented by their Power Agent, K.Sreenivasa Rao, No.65-C, New No.38-C, R.K.Shanmugam Salai, K.K.Nagar, Chennai-600 078). ... Petitioners vs. 1.The Managing Director, Chennai Metropolitan Water Supply and Sewerage Board, No.1, Pumping Station Road, Chennai-600 002. 2.The Area Engineer IX, Chennai Metropolitan Water Supply and Sewerage Board, Saidapet, Chennai. 3.The Assistant Engineer, Depot No.130, Chennai Metropolitan Water Supply and Sewerage Board, Chennai. 4.The Member Secretary, Chennai Metropolitan Development Authority, No.1,Gandhi Irvin Road, 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 3 to receive the application, process and effect water and sewerage connection to the petitioner's residential building at Block No.63, R.K.Shanmugam Salai, K.K. Nagar, Chennai-600 078 without insisting on completion certificate from the fourth respondent. https://hcservices.ecourts.gov.in/hcservices/ For Petitioner : Mr.M.Vembadiyan For Respondents : Mr.V.Manoharan, for R1 to R3 Mr.C.Kathiravan, for R4. O R D E R Writ Petition is filed praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to receive the application, process and effect water and sewerage connection to the petitioner's residential building at Block No.63, R.K.Shanmugam Salai, K.K. Nagar, Chennai-600 078 without insisting on completion certificate from the fourth respondent. 2. In view of the Division Bench order passed earlier, the fourth 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 fourth 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 320.62 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 fourth respondent is directed to take appropriate action for the alleged fourth floor violation in accordance with law. Subject to the above condition, since there is no other violation recorded, the respondents 1 to 3 are directed to effect water and sewerage connection without insisting the completion certificate from the fourth respondent, if the application is otherwise in order. The writ petition is ordered as above. No costs. Sd/- Asst.Registrar /True Copy/ Sub.Asst.Registrar https://hcservices.ecourts.gov.in/hcservices/ ts To 1.The Managing Director, Chennai Metropolitan Water Supply and Sewerage Board, No.1, Pumping Station Road, Chennai-600 002. 2.The Area Engineer IX, Chennai Metropolitan Water Supply and Sewerage Board, Saidapet, Chennai. 3.The Assistant Engineer, Depot No.130, Chennai Metropolitan Water Supply and Sewerage Board, Chennai. 4.The Member Secretary, Chennai Metropolitan Development Authority, No.1,Gandhi Irvin Road, Chennai-600 008. + 1 cc to Mr. M. Vembadiyan, Advocate SR.244228 + 1 cc to Mr.V. Manoharan, Advocate SR.24412 + 1 cc to Mr. C. Kathiravan, Advocate sr.24897 W.P.No.4720 of 2011 SK(CO) Eu 21.4.11 https://hcservices.ecourts.gov.in/hcservices/