IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.07.2008 CORAM : THE HONOURABLE MR.JUSTICE A. KULASEKARAN W.P. No.14432 of 2008 S.Narayanamurthy .. Petitioner Versus 1. The Assistant Executive Engineer Tamil Nadu Electricity Board, Kodambakkam, Chennai 600 024. 2. The Member Secretary Chennai Metropolitan Development Authority, Gandhi Irwin Road, Chennai 8. .. Respondents (R2 impleaded as per order of this Court dated 03.07.2008 in M.P.No.1 of 2008) Petition filed under Article 226 of The Constitution of India praying for issuance of a Writ of mandamus, for the reasons stated therein. For Petitioner : Mr.R.Sreedharan For R1 : Mr.A.Selvendran,EB For R2 : Mr.D.Veerasekaran,CMDA https://hcservices.ecourts.gov.in/hcservices/ ORDER The prayer in the writ petition is for a mandamus directing the respondent to accept and consider the application of the petitioner dated 13th March 2008 for providing electricity connection to the newly constructed building situated at No.28, Murugesan Street, Kodambakkam, Chennai 600 024. 2. Heard the learned counsel on either side and perused the materials available on record. 3. In a similar set of facts, where the electricity connection has been denied for non production of completion certificate and when that was questioned in a writ petition, a learned single Judge granted the relief by reserving liberty to the CMDA to take appropriate action for violation, if any. The Tamilnadu Electricity Board took up the matter on appeal before a Division Bench of this Court in the case of The Chairman, TNEB v. M/s Wavoo Realty & Investments, W.A.No.1102 of 2007 dated 04.09.2007, in which the Division Bench passed the following order : "It is seen from the report that by and large, the construction put up by the respondents is in accordance with the approved plan, though there are some minor deviations, for which the CMDA is free to take action in accordance with law. Writ Appeal is dismissed." 4. Following the same, several number of writ petitions filed by the allottees have been allowed by this court by reserving the liberty to the CMDA to take action if there is any deviation, which are considered to be minor in nature. One such writ petition is W.P. No.2973 of 2008 decided on 28.02.2008 (M/s.Maricar Estate Private Ltd. v. The Tamilnadu Electricity Board), wherein a learned single Judge of this Court has held as follows : "This Court, under identical circumstances passed an order in W.P. No.34967 of 2007 directing the respondent therein to issue necessary service connection to the petitioner's premises. Following the same, this writ petition is allowed with a direction to the respondents 1 to 4 to consider and provide electricity service connection to the respective flats, departmental stores and for the common areas of the building put up by the petitioner forthwith for the building put up at No.19/1, Mc.Nicholas Road, comprised in R.S. No.363/2, (T.S.No.362/42) Block No.21 of Egmore village, Chetpet, Chennai 31 without insisting upon completion certificate from the fifth respondent. However, it is made clear that it is for the third respondent-CMDA to decide about the deviation at the time of giving completion https://hcservices.ecourts.gov.in/hcservices/ certificate. In view of the above view taken by this Court, the other contentions relating to the merits of the case are not considered." 5. In view of the above, the writ petition is disposed of in terms of orders made in W.P. No.2973 of 2008 decided on 28.02.2008 and W.A. No.1102 of 2007 dated 04.09.2007, cited supra. No costs. The connected miscellaneous petition is closed. Sd/ Asst. Registrar /true copy/ Sub Asst. Registrar gms To 1. The Assistant Executive Engineer Tamil Nadu Electricity Board, Kodambakkam, Chennai 600 024. 2. The Member Secretary Chennai Metropolitan Development Authority, Gandhi Irwin Road, Chennai 8. +1 cc to Mr.R.Sreedharan, Advocate, SR.No.34632 W.P. No.14432 of 2008 sgl(co) pmk/10.7.08 https://hcservices.ecourts.gov.in/hcservices/