IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 12-01-2010 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN W.P.No.510 of 2010 M.Narashimhan .. Petitioner. Vs. 1.Chennai Metropolitan Water Supply and Sewerage Board, Represented by its Chairman, No.1, Pumping Station Road, Chennai – 600 002. 2.The Area Engineer - V, Chennai Metropolitan Water Supply and Sewerage Board, New No.227, 2nd Avenue, Anna Nagar, Chennai – 600 040. 3.The Commissioner, Corporation of Chennai, Ribbon Building, Chennai – 600 003. .. Respondents. Prayer: This petition has been filed seeking for a writ of Mandamus, directing the respondents 1 and 2 to forthwith grant water and sewerage connection to all the residential units in the property owned by the petitioner at No.61 Part (Old No.44-C), 4th Lane, Vellalar Street, Purasawalkam, Chennai – 600 084, without insisting completion certificate from the third respondent herein. For Petitioner : Mr.P.Raja For R-1 & R-2 : Mr.G.S.Mohan For R-3 : Mr.V.Bharathidasan O R D E R This writ petition has been filed praying for a writ of Mandamus to direct the respondents 1 and 2 to grant water and sewerage connection to all the residential units in the property https://hcservices.ecourts.gov.in/hcservices/ owned by the petitioner at No.61 Part (Old No.44-C), 4th Lane, Vellalar Street, Purasawalkam, Chennai – 600 084, without insisting on the completion certificate from the third respondent. 2.At this stage of the hearing on the writ petition, the learned counsel appearing on behalf of the petitioner had placed before this Court a Government Order, in G.O.(Ms)No.139, Municipal Administration and Water Supply (Metro Water) Department, dated 15.10.2007, by which the Government had directed the Managing Director, Chennai Metropolitan Water Supply and Sewerage Board to follow the procedure prescribed therein, while providing the Sewer/water connections to the newly constructed buildings. Paragraph 5 of the Government Order, dated 15.10.2007, reads as follows: 5.The Government have examined the above proposal of the Managing Director, Chennai Metroplitan Water Supply and Sewerage Board, and decided to follow the opinion offered by the Advocate General in para 3 above. The Government accordingly direct the Managing Director, Chennai Metropolitan Water Supply and Sewerage Board to follow the procedure laid down below while providing sewer/water connections to the newly constructed buildings:- (i)To insist the completion certificate from the competent Authority i.e. Corporation of Chennai/CMDA for multistoreyed buildings and special buildings; and (ii)For all other buildings to register and sanction the water/sewer applications on the basis of production of sanctioned plan approved by the Corporation of Chennai Or CMDA or Assessment of the property by the Corporation of Chennai before sanctioning and effecting water/sewer connections. Special Buildings and Multi-storeyed Buildings are defined as below: Special Buildings means: Buildings with ground floor plus three floors (Total four floors) Multi-storyed Buildings means: Buildings with more than four floors. 3.Accordingly, the procedures prescribed in the said Government Order would apply only to special and Multi-storeyed buildings, as defined therein. Since, the petitioner's building consists only of Ground Floor + Two Floors, the second respondent cannot insist on a completion certificate from the petitioner, for https://hcservices.ecourts.gov.in/hcservices/ providing water and sewerage connection to the residential units in the property belonging to the petitioner. 4.The learned counsel appearing on behalf of the respondents had not refuted the submissions made by the learned counsel appearing for the petitioner. 5.In such circumstances, the second respondent is directed to provide water and sewerage connection to the petitioner's property, as prayed for in the writ petition, on payment of the necessary charges by the petitioner. On the petitioner complying with the requirements of the second respondent, the second respondent shall comply with the above directions, within a period of four weeks thereafter. The writ petition is disposed of. No costs. arr/vsm Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To 1.The Chairman, Chennai Metropolitan Water Supply and Sewerage Board, No.1, Pumping Station Road, Chennai – 600 002. 2.The Area Engineer - V, Chennai Metropolitan Water Supply and Sewerage Board, New No.227, 2nd Avenue, Anna Nagar, Chennai – 600 040. 3.The Commissioner, Corporation of Chennai, Ribbon Building, Chennai – 600 003. + 1 cc to Mr. P. Raja, Advocate SR No.2634 + 1 cc to Mr. V. Bharathidasan, Advocate SR No.2733 + 1 cc to Mr. G.S.Mohan, Advocate SR No.2601 BS(CO) SR/21.1.2010 W.P.No.510 of 2010 https://hcservices.ecourts.gov.in/hcservices/