IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 17-02-2010 CORAM THE HONOURABLE MR. JUSTICE M. JAICHANDREN W.P.No.1679 of 2010 M/s.Royal Builders, Rep. By its Partner Mr.P.Swaminathan, No.15, Thulasinga Perumal Street, Triplicane, Chennai-600 005. ..Petitioner Versus 1.The Tamil Nadu Electricity Board, Rep. By its Chairman, No.800, Anna Salai, Chennai-2. 2.The Chief Engineer (Commercial) Tamil Nadu Electricity Board, No.800, Anna Salai, Chennai-2. 3.The Superintending Engineer, Tamil Nadu Electricity Board, CEDC-South 110 KV Sub Station, Nungambakkam, Chennai-600 034. 4.The Executive Engineer (O&M) Mylapore, Tamil Nadu Electricity Board, No.60, Goudiyar Mutt Road, Royapettah, Chennai-600 014. 5.The Member Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008. ..Respondents https://hcservices.ecourts.gov.in/hcservices/ Prayer: Petition filed under Article 226 of the Constitution of India, praying this Court for the issuance of Writ of Mandamus to direct the respondents 1 to 4 to forthwith provide permanent electricity power supply and to forthwith provide permanent electricity power supply service connection for the residential building of the petitioner situated at New Door No.33, Old Door No.6, Bharathi Salai (Pycrofts Road), Triplicane, Chennai-5, comprised in O.S.Nos.1692 and 1693, R.S.No.2447, C.C.No.863 and patta No.CA.941/61-62, Block No.41, without insisting on the completion certificate from the fifth respondent on the basis of the inspection report forwarded to the first respondent by the fifth respondent, dated 31.2.2009. For Petitioner : Mr.R.Ramesh For Respondents : Mr.A.Selvendaran (R1 to R4) Mr.I.Paranthaman (R5) O R D E R This writ petition has been filed praying for the issuance of a Writ of Mandamus to direct the respondents 1 to 4 to provide permanent electricity power supply and to provide permanent electricity power supply service connection for the residential building of the petitioner situated at New Door No.33, Old Door No.6, Bharathi Salai (Pycrofts Road), Triplicane, Chennai-5, comprised in O.S.Nos.1692 and 1693, R.S.No.2447, C.C.No.863 and patta No.CA.941/61-62, Block No.41, without insisting on the completion certificate from the fifth respondent, on the basis of the inspection report forwarded to the first respondent by the fifth respondent, dated 31.2.2009. 2. The report forwarded by the fifth respondent, namely, the Chennai Metropolitan Development Authority to the first respondent, reads as follows: https://hcservices.ecourts.gov.in/hcservices/ Sl. No Parameter Dimension as per approved plan Dimension as on Site Extent of Deviations/ Violations Tolerance limit as per CC Norms Whether Satisfies CC Norms 1) Dimension of the Building Front side Rear Side 18.53 m x 8.25m 17.49 x 5.95m 20.25 x 9.55m 22.40 x 8.75m 1.72 m x 1.30 m 4.91m x 2.80 m 0.30 m x 0.30 0.30 m x 0.30 Does not satisfy CC Norms Does not Satisfy CC Norms 2) Front Set Back 4.80 m 0.95m Less by 3.85m 0.30 m Does not satisfy CC Norms 3) Rear setback 4.91m 0.53m Less by 4.38 m 0.30m Does not satisfy CC Norms 4) Side set back At east At northwest At southwest 1.14m 3.05m 2.14m 1.00 m 1.45m 0.10m Less by 0.14m Less by 1.60m Less by 2.04m 0.30m 0.30m 0.30m Satisfies CC Norms Does not satisfy CC Norms Does not satisfy Cc Norms 5) FSI 1.5 3.18 Excess by 1.68 (877.48 Sq.m.) -- Does not satisfy CC Norms 6) Car Parking -- 1No. --- --- -- 7) Two Wheeler Parking 6 Nos. 18Nos. -- -- -- 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 there is no floor violation, the writ petition is disposed of with a direction to the respondents 1 to 4 herein to receive and consider the application of the petitioner and to provide electricity service connection to the premises situated at New Door No.33, Old Door No.6, Bharathi Salai (Pycrofts Road), Triplicane, Chennai-5, comprised in O.S.Nos.1692 and 1693, R.S.No.2447, C.C.No.863 and patta No.CA.941/61-62, Block No.41, without insisting upon the completion certificate/No Objection Certificate from the fifth 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. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar csh To 1. The Chairman, Tamil Nadu Electricity Board, No.800, Anna Salai, Chennai-2. 2. The Chief Engineer (Commercial) Tamil Nadu Electricity Board, No.800, Anna Salai, Chennai-2. 3. The Superintending Engineer, Tamil Nadu Electricity Board, CEDC-South 110 KV Sub Station, Nungambakkam, Chennai-600 034. 4. The Executive Engineer (O&M) Mylapore, Tamil Nadu Electricity Board, No.60, Goudiyar Mutt Road, Royapettah, Chennai-600 014. 5. The Member Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008. + 1 c.c. to Mr. I. Paranthamen, Advocate. S.R.No.10553. + 1 c.c. to Mr. S. Ramesh, Advocate. S.R.No.11062. + 1 c.c. to Mr. A. Selvendran, Advocate. S.R.No.11171. W.P.No.1679 of 2010 RK (CO) GSK 04.03.2010. https://hcservices.ecourts.gov.in/hcservices/