IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 26.02.2010 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.4058 of 2010 H.Balaji ...... Petitioner -Vs- 1. Chennai Metropolitan Water Supply & Sewage Board rep. by its Chairman -cum- Managing Director, Pumping Station Road, Chintadripet, Chennai-600 002. 2. The Area Engineer/Executive Engineer, Chennai Metropolitan Water Supply & Sewarage Board, Area-1, Division 8, 4/1, Rathinasabapathy Street, Old Washermanpet, Chennai-600 021. 3. The Commissioner, Corporation of Chennai, Rippon Buildings, Park Town, Chennai- 600 003. ...... Respondents Prayer: This petition has been under article 226 of the constitution filed seeking for a writ of Mandamus to direct the 1st and 2nd respondents to provide water and sewarage service connections to the petitioner's premises put up at door No.51/2,(old door No.17/2), Veerakutty St., Old Washermanpet, Chennai-600 021 without insisting on production of Completion certificate/No objection certificate from the third respondent as per G.O.Ms.No.139, dated, 15.10.2007. For Petitioner : M/s.K.Bommuraj For Respondents : Mr.V.Manoharan (R1 and R2) Mr. Mohamed Ghose(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 provide water and sewerage connections to the petitioner's premises at No.51/2,(old door No.17/2), Veerakutty St., Old Washermanpet, Chennai, without insisting on the production of the completion certificate/No Objection Certificate from the third respondent as per G.O.Ms.No.139, dated, 15.10.2007. 2. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the petitioner had submitted that he had constructed a building in the above mentioned survey numbers, consisting of ground +2 floors. According to G.O.(Ms) No.139, Municipal Administration and Water Supply (Metro Water) Department, dated 15.10.2007, the completion certificate would have to be obtained from the competent authority only for multi storeyed buildings and special buildings. Special Buildings have been defined, as buildings with ground +3 floors and Multi storeyed buildings are defined, as buildings with more than four floors. Since, the petitioner has obtained the approval of the revised plan for the construction of ground + 2 floors, from the Corporation of Chennai, the said government order, dated 15.10.2007, would not apply to the petitioner's building. 3. The learned counsel had also pointed out an earlier order, dated 22.12.2009, passed by this Court in W.P.No.26824 of 2009, wherein, a direction had been issued to the respondents therein to provide drainage and water connection to the premises of the petitioner, without insisting on the completion certificate from the concerned authorities. Therefore, it has been prayed that the respondents may be directed to effect water and sewerage connections to the petitioner's premises, without insisting on the No Objection Certificate from the third respondent authority. 4. The learned counsels appearing on behalf of the respondents have no objection for this Court passing such an order. 5. In view of the submissions made by the learned counsels appearing for the parties concerned, the petitioner is permitted make an application to the first and the second respondents seeking for drainage and water connections to the premises of the petitioner, within a period of two weeks from today. On receipt of such application, the first and the second respondents are directed to consider the same and effect water and sewerage connections to the https://hcservices.ecourts.gov.in/hcservices/ petitioner's premises, as prayed for by him, 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 third respondent or from any other authority concerned. The writ petition is disposed of with the above directions. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. arr To 1. The Chairman -cum- Managing Director, Chennai Metropolitan Water Supply & Sewage Board Pumping Station Road, Chintadripet, Chennai-600 002. 2. The Area Engineer/Executive Engineer, Chennai Metropolitan Water Supply & Sewarage Board, Area-1, Division 8, 4/1, Rathinasabapathy Street, Old Washermanpet, Chennai-600 021. 3. The Commissioner, Corporation of Chennai, Rippon Buildings, Park Town, Chennai- 600 003. + 1 cc to M/S.Bommuraj, Advocates SR 13094 + 1 cc to Mr.V.Manoharan, Advocate Sr 13120 + 1 cc to Mr.A.Mohammed Gouse, Advocate SR 13586 Writ Petition No.4058 of 2010 RSN (CO) RH (8.3.10) https://hcservices.ecourts.gov.in/hcservices/