IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 27-01-2010 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.25234 of 2009 Ahamed Meeran .. Petitioner. Versus 1.Chennai Metropolitan Water Supply and Sewerage Board, Rep. By its Managing Director, No.1, Pumping Station Road, Chindadripet, Chennai-600 002. 2.Chennai Metropolitan Water Supply and Sewerage Board, Rep. By its Assistant Engineer, (Division 60), Subburayan 2nd Street, Namalwarpet, Chennai-600 012. 3.Chennai Metropolitan Water Supply and Sewerage Board, rep. by its Area Engineer, Area-IV, New Avadi Road, Kilpauk, Chennai-10. 4. Chennai Metropolitan Development Authority, Rep. By Member Secretary, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008. .. Respondents. Prayer: Petition filed under article 226 of constitution of India, seeking for a Writ of Mandamus, directing the respondents 1 to 3 to effect water and sewerage connection on the petitioner's premises at Door No.128 and 131, Barraca Road, Secretariat Colony, Chennai-600 010, in accordance with law and without insisting on the production of the completion certificate/No Objection Certificate from the fourth respondent or any other planning authorities. For Petitioner : Mr.G.M.Anantha Kumar For Respondents : Mr.G.S.Mohan (R1 to R3) Mr.D.Veerasekaran (R4) https://hcservices.ecourts.gov.in/hcservices/ O R D E R This writ petition has been filed praying for a Writ of Mandamus to direct the respondents 1 to 3, to effect water and sewerage connection to the petitioner's premises at Door No.128 and 131, Barraca Road, Secretariat Colony, Chennai, in accordance with law and without insisting on the production of the completion certificate/No Objection Certificate from the fourth respondent or from the other authorities concerned. 2. Based on the direction issued by this Court, the Chennai Metropolitan Development Authority has filed a report, dated 22.1.2010, which reads as follows: Sl.N o. Descript ion As per appd.plan (m) As on site (m) Deviation s (m) Toleran ce limit (m) Whether Satisfy Complet ion Certifi cate Norms % of deviati on 1 No.of Floors Ground Floor +3 floor Ground floor + 3 floors --- --- Yes --- 2 No. of dwelling units 8 nos. 8 nos. --- --- Yes --- 3 Front Set Back 3.50 M 3.50 M+ Motor Room Motor Room 1.44 m2 Motor room 2 sq.m Yes --- 4 Side Set Back (East) 3.50 M 3.00 M 0.50M 0.30M No 14.00% 5 Side Set Back (West) 4.74M 2.20M Less by 2.54 M 0.30M No 54.00% 6 Rear Set Back 4.50M 4.45M Less by 0.05 0.30M Yes --- 7 Length of the Building Breadh of Building 22.50M 5.46M 22.55M 8.46M Excess by 0.05 Excess by 3.00M 0.30M 0.30 Yes No -- 55% https://hcservices.ecourts.gov.in/hcservices/ 8 Floor Space Index 1.48 1.75 Excess by 0.27 (Excess by 112.85 m2 or 1215 sq.ft.) Upto 1.53 No 18.00% 9 Parking 8 Nos (Two Wheelers) 8 Nos (Two Wheelers feasible ) Due to increase in floor area (size) of dwelling unit. Nil No 50.00% 8 Nos. of car parking required against the requireme nts of two wheeler parking only as per the approved plan. But feasible only 4 Nos.) 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 petitioner is permitted make an application to the respondents 1 to 3, seeking for water and sewerage connections to the premises of the petitioner, within a period of two weeks from today. On receipt of such application, the respondents 1 to 3 are directed to consider the same and effect water and sewerage connections to the petitioner's premises, as prayed for by the petitioner, within a period of four weeks from the date of receipt of a copy of the said application, without insisting that the petitioner should produce a Completion Certificate/No Objection Certificate from the fourth respondent or from any other authority concerned. 4. However, it is made clear that it is open to the Chennai Metropolitan Development Authority to take a decision, with regard to https://hcservices.ecourts.gov.in/hcservices/ 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 Managing Director, Chennai Metropolitan Water Supply and Sewerage Board, No.1, Pumping Station Road, Chindadripet, Chennai-600 002. 2. The Assistant Engineer, Chennai Metropolitan Water Supply and Sewerage Board, Subburayan 2nd Street, Namalwarpet, Chennai-600 012. 3.The Area Engineer, Chennai Metropolitan Water Supply and Sewerage Board, Area-IV, New Avadi Road, Kilpauk, Chennai-10. 4. The Member Secretary, Chennai Metropolitan Development No.1, Gandhi Irwin Road, Egmore, Chennai-600 008. + 1 cc to Mr.G.M.Ananthakumar, Advocate, Sr 4469 + 1 cc to Mr.D.Veerasekaran, Advocate, Sr 4440 + 1 cc to Mr.G.S.Mohan, Advocate, Sr 4697 Writ Petition No.25234 of 2009 KS (CO) RH (1.2.10) https://hcservices.ecourts.gov.in/hcservices/