R.anbazhaghi Mohan vs the Executive Engineer on 23 July, 2013

Madras High CourtMadras High CourtR.Anbazhaghi Mohan vs The Executive Engineer on 23 July, 2013DATED : 23.07.2013

CORAM:

THE HONOURABLE MR. JUSTICE D.HARIPARANTHAMAN

W.P.No.20162 of 2013

1. R.Anbazhaghi Mohan

2. M.Gopikrishnan

3. M.Ganesh

4. M.Bharath .. Petitioners

vs

1. The Executive Engineer,

(O & M) � C.E.D.C. South � TANGEDCO,

Tamil Nadu Electricity Generation & Distribution Co. K.K.Nagar, Chennai � 78.

2. The Assistant Engineer,


Tamil Nadu Electricity Generation & Distribution Co. Saligramam, Chennai � 93.

3. Member Secretary,

Chennai Metropolitan Development Authority,

C.M.D.A. Office, Thazhamuthu Natarajan Buildings,

Egmore,

Chennai � 600 008.

4. The Commissioner,

Corporation of Chennai,

Rippon Buildings,

Chennai � 600 003. .. Respondents

R.Anbazhaghi Mohan vs The Executive Engineer on 23 July, 2013

Indian Kanoon - http://indiankanoon.org/doc/161896625/ 1

Petition filed under Article 226 of the Constitution of India for the issuance of writ of CertiorarifiedMandamus calling for the Impugned Order in reference Lr. No. AE/O&M/SGM/F NSC/D. No.39/2013dt 26.6.13 on the file of 2nd respondent herein and quash the same consequently grant a direction directing therespondents 1 and 2 to provide Three Phase Electricity Service Connections for the supply of Three PhaseElectricity Power to the 10 Flats at property Plot 7A and 7B bearing Old Door No.7 New Door No.6 Dr.Ambedkar Street, Gandhi Nagar, Saligramam, Chennai 93 as applied respectively in the names of thepetitioners 1 to 4 herein. For Petitioners : Mr.S.R.Sundaram

For Respondents : Mr.P.Gunaraj, - for R1 & R2

Mr.A.Kumar � for R3

Mr.A.P.Balasubramanian � for R4

ORDER

The petitioners put up construction with stilt and two floors at Plot Nos.7A and 7B bearing Old Door No.7,New Door No.6 Dr. Ambedkar Street, Gandhi Nagar, Saligramam, Chennai 93. They obtained planningpermission from the fourth respondent for putting up construction with stilt and two floors. For constructionof this nature, there is no necessity to get planning approval from the Chennai Metropolitan DevelopmentAuthority.

2. After completion of the construction, the petitioner approached the second respondent for electricity serviceconnection.

3. The second respondent passed the impugned order dated 26.6.2013 refusing to grant service connection onthe ground that the petitioner has not produced the completion certificate from the competent authority.Hence, the petitioners have filed this writ petition to quash the impugned order dated 26.6.2013 and forconsequential direction to the respondents 1 and 2 to provide three Phase Electricity Service Connections atPlot Nos.7A and 7B bearing Old Door No.7 New Door No.6 Dr. Ambedkar Street, Gandhi Nagar,Saligramam, Chennai 93.

4. Heard both sides.

5. The learned counsel for the petitioners, relying on letter No.EC1/15998/Spl./2012, dated 18.3.2013 of theChennai Metropolitan Development Authority, submitted that in the case of ordinary building, no completioncertificate is necessary for getting electricity service connection. He further submitted that only in the case ofspecial building, completion certificate is necessary for getting electricity service connection.

6. I have considered the submissions made on either side.

7. The relevant passage from the letter No.EC1/15998/Spl./2012, dated 18.3.2013 is extracted hereunder:-" It is clarified that for the buildings approved as an ordinary building by the Local Bodies, CompletionCertificate need not be insisted for providing service connections, as of now, as the Local Bodies do not issueCompletion Certificate for the ordinary buildings issued by them.

8. The learned counsel for the Chennai Metropolitan Development Authority has submitted that the concernedbuilding is not a special building.

9. In these circumstances, as per letter dated 18.3.2013 of the Chennai Metropolitan Development Authorityno completion certification is necessary for getting electricity service connection.



10. Hence, the impugned order dated 26.6.2013 is quashed and a direction is issued to the respondents 1 and 2to provide electricity service connections, as required by the petitioners on payment of necessary fees, withina period of four weeks from the date of receipt of a copy of this order.

11. The writ petition is allowed. No costs.

rj

To

1. The Executive ;Engineer,


Tamil Nadu Electricity Generation & Distribution Co. K.K.Nagar,

Chennai � 78.

2. The Assistant Engineer,


Tamil Nadu Electricity Generation & Distribution Co. Saligramam,

Chennai � 93.

3. Member Secretary,

Chennai Metropolitan Development Authority,

C.M.D.A. Office, Thazhamuthu Natarajan Buildings,

Egmore,

Chennai � 600 008.

4. The Commissioner,

Corporation of Chennai,

Rippon Buildings,

Chennai 600 003



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R.anbazhaghi Mohan vs the Executive Engineer on 23 July, 2013