IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 19-01-2010 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition Nos.25977 and 25978 of 2009 Abirami Housing Pvt. Ltd. Rep.by its Director C.Sivalingam No.10/33, Besant Avenue Road, Adyar, Chennai- 600 020 .. Petitioner both W.P.'s Versus 1.The Chennai Metropolitan Water Supply & Sewage Board Rep.by its Managing Director No1,Pumping Station Road, Chindaripet,Chennai-600002 2.The Superintending Engineer(North) Chennai Metropolitan Water Supply and Sewarage Board, No.1,Pumping Station Road, Chindaripet, Chennai-600002. 3.The Area Engineer,(Zone-VIII) The Chennai Metropolitan Watersupply & Sewage Board Door No25, Sathyamoorthy Road, Chetpet,Chennai-31. 4.The Assistant Engineer,(Zone-VII) The Chennai Metropolitan Watersupply & Sewage Board Door No.11, Bhimanna Road, Teynampet, chennai-18. 5.The Chennai Metropolitan Development Authority Rep.by its Member Secretary No.1, Gandhi Irwyn Road, Egmore,Chennai-8 .. Respondents in W.P.No.25977 of 2009 6.The Chairman Tamil Nadu Electricity Board No.800 Anna Salai,Chennai-600002. https://hcservices.ecourts.gov.in/hcservices/ 7.The Chief Engineer(Commission) Tamil Nadu Electricity Board No.800 Anna Salai, Chennai- 600002. 8.The Executive Engineer, Tamil Nadu Electricity Board 'T.Nagar, Chennai. 9.The Assistant Engineer, Tamil Nadu Electricity Board Teynampet, Chennai 10.The Member Secretary Chennai Metropolitan Development Authority Gandhi Irwin Road, Egmore,Chennai-600008 .. Respondents in W.P.NO. 25978 of 2009 Prayer in W.P.No.25977 of 2009: This petition has been filed seeking for a writ of Mandamus to direct the respondents 1 to 4 to accept the application of the petitioner seeking for water and sewarage connection and to process the same and complete the water and sewarage connection to the residential building consisting of 10 residential units at Plot No.96, Poes Garden, Chennai-86 without insisting Completion certificate from the 5th respondent. Prayer in W.P.No.25978 of 2009: This petition has been filed seeking for a writ of Mandamus to direct the respondents 1 to 4 to receive the petitioner's application seeking for the extension of electricity service connections and energize the same to the single project of residential apartment consisting of 10 residential units at Plot No.96,Poes Garden,Chennai-86 and energize the same without insisting Completion certificate from the 5th respondent . For Petitioner : M/s.R.Syed Mustafa (in both W.P.'s) For Respondents : Mr.G.S.Mahan (1 to 4) ( in both W.P.'s) For 5th Respondent : Mr.D.Veersekaran (Respondents 1 to 4 in W.P.No.25978/09 A.Selvendran https://hcservices.ecourts.gov.in/hcservices/ C O M M O N O R D E R Since, the issues arising in both these Writ petitions are similar in nature a common order is passed. 2.These Writ Petitions have been filed to direct the respondents 1 to 4 to grant water,sewarage and electricity service connections to the residential building consisting of ten residential units at Plot No.96, Poes Garden, Chennai without insisting on the production of the Completion certificate from the 5th respondent. 3. On 17.10.2009, this Court had directed the 5th respondent to cause inspection of the property concerned and to file the inspection report, on 23.12.2009, as to whether there are major deviations in the construction of the building, by the petitioner. 4.At this stage of the hearing of the Writ Petition, the learned counsel appearing on behalf of the petitioner had submitted that the petitioner would demolish the unauthorised constructions in the building so that it is as per the building plan approval granted by the authorities concerned. 5. The learned counsel appearing on behalf of the respondents would submit that as and when the petitioner restores the portion of the building as undertaken by him, they will cause further inspection of the building and if it is in accordance with the plan approval granted and if there are no major deviations, they would effect Electricity, water and Sewarage connections to the premises in question. 6. In view of the submissions made on behalf of the parties concerned, the respondents are directed to effect the electricity, water and Sewarage connections to the petitioner's premises after the petitioner demolishes the unauthorised constructions and restores it to be in consonance with the approval granted by the authorities concerned, after due inspection is made by the 5th respondent, and if no major deviations are found during the inspection. The Electricity, Water and Sewarage connections should be effected by the respondents concerned, within a period of four weeks after the inspection is made, subject to the above conditions. With the above directions, the Writ Petitions are disposed of. No costs. Sd/- Asst.Registrar /True Copy/ Sub.Asst.Registrar arr https://hcservices.ecourts.gov.in/hcservices/ To 1.The Managing Director Chennai Metropolitan Water Supply & Sewage Board No1,Pumping Station Road, Chindaripet,Chennai-600002 2.The Superintending Engineer(North) Chennai Metropolitan Water Supply and Sewarage Board, No.1,Pumping Station Road, Chindaripet, Chennai-600002. 3.The Area Engineer,(Zone-VIII) The Chennai Metropolitan Watersupply & Sewage Board Door No25, Sathyamoorthy Road, Chetpet,Chennai-31. 4.The Assistant Engineer,(Zone-VII) The Chennai Metropolitan Watersupply & Sewage Board Door No.11, Bhimanna Road, Teynampet, chennai-18. 5.The Member Secretary, Chennai Metropolitan Development Authority No.1, Gandhi Irwyn Road, Egmore,Chennai-8 6.The Chairman Tamil Nadu Electricity Board No.800 Anna Salai,Chennai-600002. 7.The Chief Engineer(Commission) Tamil Nadu Electricity Board No.800 Anna Salai, Chennai- 600002. 8.The Executive Engineer, Tamil Nadu Electricity Board 'T.Nagar, Chennai. 9. The Assistant Engineer, Tamil Nadu Electricity Board Teynampet, Chennai + 1 CC to Mr.Syed Mustafa,Advocate,SR.3175 + 1 CC to Mr.G.S.Mohan,Advocate,SR.3197 + 1 CC to Mr.D.Veerasekaran,Advocate,SR.3075 Writ Petition Nos.25977 & 25978 of 2009 GV /ARCO(CO) SS (21.01.2010) https://hcservices.ecourts.gov.in/hcservices/