IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 12-01-2010 CORAM THE HONOURABLE MR. JUSTICE M. JAICHANDREN W.P.No.20045 of 2009 and M.P.No.1 of 2009 M/s.Arch Tech. Builders rep. By its Partner, 1, Selva Vinayagar Koil Street, Ashok Nagar, Chennai-83. .. Petitioner. Versus 1.Tamilnadu Electricity Board rep. By Superintending Engineer, Ambattur, Chennai. 2.The Assistant Engineer, T.N.E.B., Ambattur, Chennai. 3.The Chennai Metropolitan Development Authority, Rep. By its Member Secretary, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008. .. Respondents. Prayer: Petition filed under Article 226 of the Constitution of India, praying this Court for the issuance of Writ of Mandamus to direct the first and second respondents to forthwith grant 12 service connection & including common line in the property developed by the petitioner Plot No.C.135, S.No.589/2, South End Road, Thiruvengada Nagar, Ambattur, Chennai-53, admeasuring 4800 Sq.Ft. without insisting the completion certificate from the third respondent herein. For Petitioner ... Mr.S.Ramesh For Respondents ... Mr.A.Selvendaran (R1 & R2) Mr.J.Ravindran (R3) O R D E R This writ petition has been filed praying for the issuance of a Writ of Mandamus to direct the first and the second respondents to provide 12 service connections, including a common https://hcservices.ecourts.gov.in/hcservices/ line in the property developed by the petitioner at Plot No.C.356, S.No.589/2, South End Road, Thiruvengada Nagar, Ambattur, Chennai-53, admeasuring 4800 Sq.Ft. without insisting on the completion certificate from the third respondent. 2. Based on the direction issued by this Court, the Chennai Metropolitan Development Authority has filed a report dated 23.10.2009, which reads as follows: Sl.No . Descript ion As per approved plan As on site Deviation Toleran ce Limit as per complet ion certifi cate norms Remarks 1) Front Set Back 3.50m 2.77m Less by 0.73 m 0.30m Does not satisfy completion Certificat e Norms 2) Side Set Back (East) 4.843m 3.05m Less by 1.79m 0.30m -Do- 3) Side Set Back (West) 3.50m 1.22m Less by2.28m 0.30m -Do- 4) Rear Set Back 4.50m 1.40m Less by 3.10m 0.30m -Do- 5) Dimensio n of the Building Length Breadth 22.48m 6.287m 26.80 m 10.22m Excess by 4.32 m Excess by 3.93m 0.30m 0.30m -Do- -Do- https://hcservices.ecourts.gov.in/hcservices/ 6) Floor Space Index 1.425m 2.23 Excess by 0.73m than Floor Space Index of 1.50 1.53 (or 50m2 above 1.50 whcheve r is high Does not satisfy the Completion Certificat e Norms. Excess by 310 Sq.mts. (or) 3350 Sq.ft. Above permissibl e Floor Space Index i.e. 1.53. 7) Parking 2 Nos. 2 Nos.fe asible ----- ----- However, the floor area of each dwelling unit increases which will attracts 6 nos of parking. Therefore, there is deficiency of three car parks required. 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 to direct the first and second respondents to provide 12 service connections, including a common line in the property developed by the petitioner at Plot No.C.356, S.No.589/2, South End Road, Thiruvengada Nagar, Ambattur, Chennai-53, admeasuring 4800 Sq.Ft. without insisting on the completion certificate from the third respondent, within a period of four 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. Consequently, connected miscellaneous petition is closed. csh Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To 1.The Superintending Engineer, Tamilnadu Electricity Board Ambattur, Chennai. 2.The Assistant Engineer, T.N.E.B., Ambattur, Chennai. 3.The Member Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008. + 1 cc to Mr. J. Ravindran, Advocate SR No.3086 + 1 cc to Mr. S. Ramesh, Advocate SR No.2485 W.P.No.20045 of 2009 MG(CO) SR/22.1.2010 https://hcservices.ecourts.gov.in/hcservices/