IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 15-02-2010 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.1563 of 2010 1.Tmt.Manju Dugar 2.Amit Dugar .. 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, C.E.D.C/Central 110, K.V. S.S.Complex, Valluvarkottam, M.G.R.Salai, Chennai-600 034. 4.The Assistant Divisional Engineer, (O & M) Tamil Nadu Electricity Board, Teynampet, Chennai-600 018. 5.Chennai Metropolitan Development Authority, Rep. By Member Secretary, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008. .. Respondents. Prayer: Petition filed seeking for a Writ of Mandamus, directing the respondents 1 to 4 herein to receive, consider and provide electricity service connection to the respective flats put up and for the common areas of the building put up by the petitioners forthwith to the residential building at New No.51 (Old No.24), Poes Garden First Street, Teynampet, Chennai-18, comprised in R.S.No.1567/45, Block No.31, of Mylapore Village, without insisting upon the completion certificate/NOC from the from respondent. For Petitioner : Mr.R.Mohan For Respondents : Mr.A.Selvendran (R1 to R4) Mr.D.Veerasekaran (R5) 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 respondents 1 to 4 to receive, consider and provide electricity service connection to the respective flats put up and for the common areas of the building put up by the petitioners to the residential building at New No.51 (Old No.24), Poes Garden First Street, Teynampet, Chennai-18, comprised in R.S.No.1567/45, Block No.31, of Mylapore Village, without insisting upon the completion certificate/NOC from the from fifth 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: Sl.N o. Descript ion As per appd.pla n As on site Deviati on Toleranc e limit as per Completi on Certific ate norms Whethe r Satisf ies Comple tion Certif icate Norms % of Violatio n of Completi on Certific ate Norms (In Metres) 1) Building Breadth (South) Building Breadth (North) 10.06 10.06 11.84 10.96 Excess by 1.78 Excess by 0.90. 0.30 0.30 No No 17.69% 8.94% 2) Building Length – Stilt Floor Building Length- 1st Floor to 4th Floor 29.26 29.26 29.72 30.78 Excess by 0.46 Excess by 1.52 0.30 0.30 No No 1.57% 5.19% https://hcservices.ecourts.gov.in/hcservices/ 3) Front Set Back (North) Front Set Back (South) 5.33 5.33 5.15 5.20 Less by 0.18 Less by 0.13 0.30 0.30 Yes Yes Does not arise Does not arise 4) Rear Set Back (Stilt Floor level) Rear Set Back (1st Floor to 4th Floor) 5.03 5.03 4.60 3.54 Less by 0.43 Less by 1.49 0.30 0.30 No No 8.54% 29.62% 5) Side set Back East (1st Floor to 4th Floor Side Set Back West (Stilt Floor) Side Set Back West -1 st Floor to 4th Floor) 4.88 4.88 4.88 4.28 4.28 3.68 Less by 0.60 Less by 0.60 Less by 1.2 0.30 0.30 0.30 No No No. 12.29% 12.29% 24.50% https://hcservices.ecourts.gov.in/hcservices/ 6) Floor Space Index (Permiss ible Floor Space Index 1.50) 1.49 1177.24 Sq.M. (or) 2667.10 Sq.Ft 1.78 1402.32 Sq.m. (or) 12667.10 Sq.Ft. Excess by 0.38 Excess by 225.08 Sq.M. (or) 2421.86 Sq.Ft. 0.03 50 Sq.m. No --- 19.46% 7) Parking 14 16 Less by 2 Nos. --- No 12.50% 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 petitioners are permitted make an application to the respondents 1 to 4, seeking for electricity service connection to the premises of the petitioners, within a period of two weeks from today. On receipt of such application, the respondents 1 to 4 are directed to consider the same and provide electricity service connection to the petitioners' premises, as prayed for by the petitioners, within a period of four weeks from the date of receipt of a copy of the said application, without insisting that the petitioners should produce a Completion Certificate/No Objection Certificate from the fifth respondent or from any other authority concerned. 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. csh Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar https://hcservices.ecourts.gov.in/hcservices/ 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, C.E.D.C/Central 110, K.V. S.S.Complex, Valluvarkottam, M.G.R.Salai, Chennai-600 034. 4.The Assistant Divisional Engineer, (O & M) Tamil Nadu Electricity Board, Teynampet, Chennai-600 018. 5.Chennai Metropolitan Development Authority, Rep. By Member Secretary, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008. + 1 cc to Mr. D. Veerasekaran, Advocate SR No.9942 + 1 cc to Mr. R. Mohan, Advocate SR No.9653 KK(CO) SR/22.2.2010 Writ Petition No.1563 of 2010 https://hcservices.ecourts.gov.in/hcservices/