IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 25.02.2010 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.3795 of 2010 & M.P.No.1 of 2010 H.Mangaikarasu ...... Petitioner -Vs- 1. The Managing Director, Chennai Metropolitan Water Supply and Sewarage Board, No.1, Pumping Station Road, Chennai-2. 2. The Area Engineer (ANA) Chennai Metropolitan Water Supply and Sewarage Board, No.1, T.S.Krishna Nagar, Mogapair East, Chennai-37. 3. The Member Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai- 600 008. ...... Respondents Prayer: This petition has been filed praying for a Writ of Mandamus to direct the first respondent and second respondent to give drainage and sewarage connections to the Plot No.11, Block No.6, MIG Type, Mogapair West Scheme of TNHB comprised in T.S.No.496 Part, Mogapair Village, Ambattur Taluk, Thirvallur District, Chennai-37 without insisting for Completion certificate from the 3rd respondent CMDA. For Petitioner : Mr.Elango For Respondents : Mr.V.Manoharan (R1 and R2) Mr.I.Paranthaman (R3) 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 first and the second respondents to give drainage and sewarage connections to Plot No.11, Block No.6, MIG Type, Mogapair West Scheme of the Tamil Nadu Housing Board, comprised in T.S.No.496 Part, Mogapair Village, Ambattur Taluk, Thirvallur District, Chennai, without insisting for Completion certificate from the third respondent Chennai Metropolitan Development Authority. 2. The main contention of the learned counsel for the petitioner is that the drainage and sewarage connection had been given to the petitioner, in respect of the property in question, based on the order passed by this Court, on 20.05.2008, in W.P.No.12367 of 2008. However, the order passed by the Executive Engineer (AUA), Chennai Metropolitan Water Supply and Sewarage Board, dated 15.02.2010, stating that it has been noticed that the petitioner had obtained planning permission from the Chennai Metropolitan Development Authority for stilt+3 floors, vide C.M.D.A.Lr.No.B3/14193/2006, dated, 13.11.2006, but the petitioner had constructed Stilt+4 floors, which amounts to a major deviation of floor violation. He has also stated, in the said order, that a Stilt+4 floors building comes under the Special Building category, as per G.O.Ms.No.139, dated 15.10.2007, and it requires a completion certificate from the Chennai Metropolitan Development Authority or a specific direction from the Court, for Stilt+4 floors, to provide water and sewarage connection, without insisting upon completion certificate. 3.The learned counsel appearing on behalf of the third respondent had submitted that the Executive Engineer (UA), Chennai Metropolitan Water Supply and Sewarage Board, cannot insist upon the production of the completion certificate from the petitioner, in view of the earlier passed by this Court, in W.P.No.12367 of 2008. He had also stated that if there are deviations in the construction of the building, it would be open to the Chennai Metropolitan Development Authority to initiate appropriate action, as per law. 3.In view of the submissions made by the learned counsels appearing on behalf of the parties concerned, the first and the second respondents are directed to restore the drainage and sewarage connections, as prayed for by the petitioner, within a period of four weeks from the date of receipt of the copy of this order. However, it is made clear that, it is open to the Chennai Metropolitan Development Authority, to take appropriate action against the petitioner, as per law, if deviations are found in https://hcservices.ecourts.gov.in/hcservices/ the building in question. With the above direction, this Writ Petition is disposed of. No costs. Consequently connected Miscellaneous Petition is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar To 1. The Managing Director, Chennai Metropolitan Water Supply and Sewarage Board, No.1, Pumping Station Road, Chennai-2. 2. The Area Engineer (ANA) Chennai Metropolitan Water Supply and Sewarage Board, No.1, T.S.Krishna Nagar, Mogapair East, Chennai-37. 3. The Member Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai- 600 008. +1cc to Mr.Elango, Advocate Sr 13889 +1cc to M/s. V.Manoharan, Advocate Sr 12613 +1cc to Mr.I.Paranthaman, Advocate Sr 12768 AKR(CO) km/25.3. Writ Petition No.3795 of 2010 https://hcservices.ecourts.gov.in/hcservices/