IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 27-01-2010 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.23895 of 2009 1.B.Subbulakshmi 2.B.Sridhar ..Petitioners Versus 1.The Chairman, Tamil Nadu Electricity Board, No.800, Anna Salai, Chennai-600 002. 2.The Chief Engineer (Comml.) Tamil Nadu Electricity Board, No.800 Anna Salai, Chennai-600 002. 3.The Superintending Engineer, Tamil Nadu Electricity Board, CEDC-South, Anna Main Road, K.K.Nagar, Chennai-600 078. 4.The Executive Engineer (O&M), Tamil Nadu Electricity Board, T.Nagar Division, Valluvarkottam, Chennai-600 034. 5.The Member Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008. ..Respondents https://hcservices.ecourts.gov.in/hcservices/ Prayer: Petition filed seeking for a Writ of Mandamus, directing the respondents 1 to 4, to forthwith provide permanent electricity power supply service connection for the newly constructed building of the petitioners situated at T.S.No.6549, Block No.141, Old Survey No.121/1 of T.Nagar Village, at Chevaliar Sivaji Ganesan Salai, T.Nagar, Chennai-600 017, without insisting on the completion Certificate from the fifth respondent following the earlier orders passed by the Division Bench of this Hon'ble Court in W.A.No.1102 of 2007, dated 4.9.2007. For Petitioners : Mr.S.Ramesh For Respondents : Mr.A.Selvendran (R1 to R4) Mr.D.Veerasekaran (R5) O R D E R This writ petition has been filed praying for a Writ of Mandamus to provide permanent electricity power supply service connection for the newly constructed building of the petitioners situated at T.S.No.6549, Block No.141, Old Survey No.121/1 of T.Nagar Village, at Chevaliar Sivaji Ganesan Salai, T.Nagar, Chennai-600 017, without insisting on the completion Certificate from the fifth 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: Description Dimension as per approved plan Dimension as on site Extent of Deviation/Vio lations Tolerance limit as per Completion Certificate norms Whether satisfies Completion Certificate norms Set Back Front Set Back at Stilt Floor level North West 6.16 m 6.00 m Less by 0.16m Tolerance limit 0.30 m Yes Front Set Back at Stilt Floor level South West 5.85m 5.80m Less by 0.05 m Tolerance limit 0.30 m Yes https://hcservices.ecourts.gov.in/hcservices/ Description Dimension as per approved plan Dimension as on site Extent of Deviation/Vio lations Tolerance limit as per Completion Certificate norms Whether satisfies Completion Certificate norms From First Floor to 4th floor North West South West 5.21m 5.85 m 5.20 m 5.80 m Less by 0.01 m Less by 0.05m Tolerance limit 0.30 m Tolerance limit 0.30m -- Yes Rear Set Back At Stilt Floor level North East 7.11m 7.07m Less by 0.04m Tolerance limit 0.30 m Yes At Stilt Floor level South East 6.23m 6.21m Less by 0.02m Tolerance limit 0.30 m Yes From First floor level to 4th floors At North East 7.11m 7.07m Less by 0.04m Tolerance limit 0.30m Yes South East 6.23m 6.21m Less by 0.02m Tolerance limit 0.30m Yes Side Set Back (South) North East 6.83m 7.00 m Excess by 0.17 m --- Yes North West 8.06m 7.76m Less by 0.30m Tolerance limit 0.30 m Yes From First floor level to 4th Floor level North East 6.83m 7.00 m Excess by 0.17 m --- Yes https://hcservices.ecourts.gov.in/hcservices/ Description Dimension as per approved plan Dimension as on site Extent of Deviation/Vio lations Tolerance limit as per Completion Certificate norms Whether satisfies Completion Certificate norms North West 8.06 m 7.76m Less by 0.30m Tolerance limit 0.30 m Yes Side Set Back (South at Stilt Floor level South East South West 6.02 m 7.07m 6.11m 7.00 m Excess by 0.09m Excess by 0.07m --- -- Yes Yes From First Floor to 4th Floor South East South West 6.02 m 7.07m 6.11m 7.00 m Excess by 0.09m Excess by 0.07m --- -- Yes Yes Length of building Dimension at Stilt Floor 22.55m 22.55m -- -- Yes From first floor to 4th Floor 22.55m 22.55m --- --- Yes Width of building at north at Stilt Floor level 17.64m 17.90m Excess by 0.16m Tolerance limit 0.30m Yes From First floor to 4th floor 17.64m 17.90m Excess by 0.16m Tolerance limit 0.30m Yes Width of building at South at Stilt Floor level (South side 17.64m 17.90m Excess by 0.16m Tolerance limit 0.30m Yes https://hcservices.ecourts.gov.in/hcservices/ 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 petitioners and to provide electricity service connection to the petitioner's building, at T.S.No.6549, Block No.141, Old Survey No.121/1 of T.Nagar Village, at Chevaliar Sivaji Ganesan Salai, T.Nagar, Chennai-600 017, without insisting on the completion Certificate from the fifth respondent, within a period of four weeks from the date of receipt of a copy of this order. 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, TAMILNADU ELECTRICITY BOARD, NO.800, ANNA SALAI, CHENNAI-2. 2. THE CHIEF ENGINEER (COMML.), TAMILNADU ELECTRICITY BOARD, NO.800, ANNA SALAI, CHENNAI-2. 3. THE SUPERINTENDING ENGINEER, TAMILNADU ELECTRICITY BOARD, CEDC-SOUTH, ANNA MAIN ROAD, K.K.NAGAR, CHENNAI-78. 4. THE EXECUTIVE ENGINEER (O&M), TAMILNADU ELECTRICITY BOARD, T.NAGAR DIVISION, VALLUVAR KOTTAM, CHENNAI-34. https://hcservices.ecourts.gov.in/hcservices/ 5. THE MEMBER SECRETARY, CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY, GANDHI IRWIN ROAD, EGMORE, CHENNAI-8. + 1 c.c. to Mr. A. Selvendran, Advocate. S.R.No.5322. + 1 c.c. to Mr. J. Ravindran, Advocate. S.R.No.5172. + 1 c.c. to Mr. S. Ramesh, Advocate. S.R.No.4510. Writ Petition No.23895 of 2009 CK (CO) GSK 02.02.2010. https://hcservices.ecourts.gov.in/hcservices/