IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 12.02.2010 CORAM THE HONOURABLE MR. JUSTICE M. JAICHANDREN W.P.No.1449 of 2010 Sekar Alagappan .. Petitioner. Versus 1. Chennai Metropolitan Water Supply and Sewerage Board, Rep. by its Managing Director, No.1, Pumping Station Road, Chennai – 2. 2. Area Engineer, Area V Chennai Metropolitan Water Supply and Sewerage Board, No.222, II Avenue, Anna Nagar, Chennai – 40. 3.Chennai Metropolitan Development Authority, Rep. By its Member Secretary, 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, directing the respondents 1 and 2 herein to receive the application and provide drainage and water connection to the residential building put up at Plot No.H.1985, 15th Main Road, Anna Nagar, Chennai – 600 040 comprised in S.No.207 part, Thirumangalam Village without insisting upon completion certificate/No Objection Certificate from the third respondent. For Petitioner ... Mr.R.Mohan For Respondents ... Mr.G.S.Mohan (R1 and R2) Mr.D.Veerasekaran (R3) 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 and 2 herein to receive the application and provide drainage and water connection to the residential building put up at Plot No.H.1985, 15th Main Road, Anna Nagar, Chennai, comprised in S.No.207 part, Thirumangalam Village, without insisting upon completion certificate/No Objection Certificate from the third respondent. 2. Based on the direction issued by this Court, the Chennai Metropolitan Development Authority has filed a report, dated 12.2.2010, which reads as follows: https://hcservices.ecourts.gov.in/hcservices/ Sl. No. Descrip tion As per approv ed plan As on site Devia- tion Tole- rance limit Whether satisfy by Completion Certificat e % of devia - tion 1) No. of floors Stilt floor + 4 floors Stilt floor + 4 floors - - - - 2) No. of dwellin g units 8 Nos. 4 Nos. Less by 4 Nos. - - - 3) Dimension of building Length 22.86m 24.06m Excess by 1.20m 0.30m No 5% Breadth 5.79m 7.39m Excess by 1.60m 0.30m No 28% 4) Floor Space Index 1.48 1.52 Excess by 0.04 Upto 1.53 Yes - 5) Front Set Back 4.57m 3.97m Less by 0.60m 0.30m No 13% Side Set Back (East) 4.57m 3.90m Less by 0.67 m 0.30m No 15% Side Set Back (West) 4.57m 3.50m Less by 1.07m 0.30m No 23% Rear Set Back 3.05m 2.45m Less by 0.60m 0.30m No 20% https://hcservices.ecourts.gov.in/hcservices/ Sl. No. Descrip tion As per approv ed plan As on site Devia- tion Tole- rance limit Whether satisfy by Completion Certificat e % of devia - tion 6) Parking 4 Nos. 4 Nos. Due to clubbing of dwelling units No. of car parking required as per Developm ent Control Rules is 8 Nos. but feasible 6 Nos. Nil No 25% 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 the deviation, as shown in the report is minimal in nature, the writ petition is disposed of with a direction to the respondents 1 and 2 herein to receive the application and provide drainage and water connection to the residential building put up at Plot No.H.1985, 15th Main Road, Anna Nagar, Chennai, comprised in S.No.207 part, Thirumangalam Village, without insisting upon completion certificate/No Objection Certificate from the third respondent, within a period of four weeks from the date of receipt of a copy of this order. 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 https://hcservices.ecourts.gov.in/hcservices/ ogy To 1. The Managing Director, Chennai Metropolitan Water Supply and Sewerage Board, No.1, Pumping Station Road, Chennai – 2. 2. The Area Engineer, Area V Chennai Metropolitan Water Supply and Sewerage Board, No.222, II Avenue, Anna Nagar, Chennai – 40. 3. The Member Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008. 1 cc To Mr.R.Mohan, Advocate, SR.9325 1 cc To Mr.G.S.Mohan , Advocate, SR.9555 1 cc To Mr.D.Veerasekaran , Advocate, SR.9284 W.P.No.1449 of 2010 pmk.22.2.2010 https://hcservices.ecourts.gov.in/hcservices/