IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 03.12.2008 Coram THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.28633 of 2008 and M.P.No.1 of 2008 1. Dr.M.Rajesh @ Rajendra Kumar 2. R.Vanitha 3. A. Gunvathy rep. by their duly constituted Power of Attorney Agent M.Ashok Kumar ...Petitioners Vs. 1.The Chennai Metropolitan Water Supply and Sewerage Board rep. by its Managing Director, No.1, Pumping Station Road, Chindadripet, Chennai-600 002. 2.The Chennai Metropolitan Water Supply and Sewerage Board, rep. by its Executive Engineer/Area Engineer II, No.1, M.C.Road, New Washermanpet, Chennai-600 021. 3.The Chennai Metropolitan Development Authority, rep. by its Member-Secretary, No.1, Gandhi Irwyn Road, Egmore, Chennai-600 008. ... Respondents PETITION under Article 226 of the Constitution of India praying for the issuance of writ of mandamus, directing the 1st and 2nd respondents to accept the application of the petitioners for providing water and sewerage connection and to process and complete the water and sewerage connection to the petitioners premises at Old No.226, New No.40, Govindappa Naicken Street, Seven Wells, Chennai- 600 001, in accordance with law and without insisting on production of Completion Certificate/No Objection Certificate from the 3rd respondent. For Petitioner : Mr.K.Bjijai Sundar For Respondents : Mr.B.Mani 1 and 2 For 3rd respondent : Mr.C.Kathiravan https://hcservices.ecourts.gov.in/hcservices/ O R D E R This writ petition is filed for the issuance of a writ of mandamus directing the first and second respondents to effect water and sewerage connection to the petitioners premises at Old No.226, New No.40, Govindappa Naicken Street, Seven Wells, Chennai-600 001, in accordance with law and without insisting on the production of Completion Certificate/No Objection Certificate from the third respondent or any other planning authority concerned and for related reliefs. 2. It is submitted by the learned counsel for the petitioner that the issue involved in this writ petition is covered by the judgment, dated 04.09.2007, passed by the First Bench of this Court in W.A. No.1102 of 2007. The said submission made by the learned counsel for the petitioner is not refuted by the learned counsels appearing for the respondents. 3. Following the aforesaid judgment of the First Bench of this Court, several writ petitions have been allowed by this Court holding that the respondents cannot insist on the production of the Completion Certificate from Chennai Metropolitan Development Authority and by giving liberty to Chennai Metropolitan Development Authority to take necessary action, if there is any deviation, which is considered to be minor in nature. One such, writ petition is W.P. No.2974 of 2008, decided on 28.02.2008, wherein a learned Single Judge of this Court has held as follows: "Earlier in respect of a similar building, a writ petition was filed in W.P. No.24022 of 2007 for a direction against the Electricity Board to give connection and though the learned Single Judge has passed an order issuing such direction, the same was challenged by the Electricity Board in W.A. No.1102 of 2007. The Hon’ble First Bench has considered the report of CMDA and found that there are some minor deviations for which the CMDA is free to take action in accordance with law and dismissed the appeal. In view of the order of the First Bench stated above, the writ petition is ordered with a direction to the respondents 1 and 2 to receive and consider the application of the petitioner for providing drainage and water connection to 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/NOC from the third respondent and provide connection to the apartments and departmental stores put up in the aforementioned property. It is made clear that it is open to the CMDA to take action against the deviations in accordance with law at the time of issuance of completion certificate." In view of the above, this writ petition is disposed of in terms of the orders made in W.P. No.2974 of 2008, W.A. No.1102 of https://hcservices.ecourts.gov.in/hcservices/ 2007 and the order, dated 16.06.2008, made in W.P.No.13977 of 2008, with a direction to the respondents 1 and 2 to receive and consider the petitioners' application for providing water and sewerage connection to the building put up at Old No.226, New No.40, Govindappa Naicken Street, Seven Wells, Chennai-600 001, without insisting upon completion certificate/NOC from the third respondent for providing water and drainage connection to the said property. It is made clear that it is open to the CMDA to take necessary action in respect of the deviations, if any, in accordance with law, at the time of issuance of completion certificate. No costs. sd/- Asst.Registrar /true copy/ Sub Asst.Registrar tsi To 1.The Managing Director, Chennai Metropolitan Water Supply and Sewerage Board No.1, Pumping Station Road, Chindadripet, Chennai-600 002. 2.The Executive Engineer/Area Engineer II, Chennai Metropolitan Water Supply and Sewerage Board, No.1, M.C.Road, New Washermanpet, Chennai-600 021. 3.The Member-Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi Irwyn Road, Egmore, Chennai-600 008. + 1 c.c. to Mr. C. Kathiravan, Advocate. S.R.No.67826. + 1 c.c. to Mr. K. Bijai Sundar, Advocate. S.R.No.67737. + 1 c.c. to Mr. B. Mani, Advocate. S.R.No.67683. Writ Petition No.28633 of 2008 GV (CO) GSK 05.12.2008. https://hcservices.ecourts.gov.in/hcservices/