Madras High Court
Tamilnadu Electricity Board vs S.N.Rajkumar on 12 July, 2016
Author: Huluvadi G. Ramesh
Bench: Huluvadi G.Ramesh, M.V.Muralidaran
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.7.2016
CORAM
THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH
AND
THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN
W.A.Nos.6, 185, 187, 188 of 2015, 1084, 1112,
1141 to 1143, 1144 to 1146, 1149, 1150 of 2014,
2233 of 2012, 2052, 2266 of 2013, 67, 1282,
1351, 1352 of 2014 and 269 of 2015
and
Connected Miscellaneous Petitions
W.A.No.6 of 2015
1 Tamilnadu Electricity Board
Rep by its Chairman
No.800 Anna Salai Chennai 600 002.
2 The Superintending Engineer (TANGEDCO)
CEDC/South J.J.Maligai K.K.Nagar
Sub Station K.K.Nagar Chennai 600 078
3 The Executive Engineer(O&M)
TANGEDCO K.K.Nagar Chennai 600 078
4 The Assistant Executive Engineer(O&M)
TANGEDCO Ramapuram Chennai 600 089 Appellants
Versus
1 S.N.Rajkumar
2 The Chennai Metropolitan Development Authority
Rep by its Member-Secretary
No.1 Gandhi Irwin Road
Egmore Chennai 600 008 Respondents
For appellants : Mr.S.K.Rameshwar &
Mr.P.R.Dhilipkumar
For R1 : Mr.N.A.Nissar Ahmed
For R2 : Mr.N.Sampath
COMMON JUDGMENT
(Judgment of the court was made by HULUVADI G.RAMESH, J.) Heard the learned counsel for the respective parties.
2. It appears that the Tamil Nadu Electricity Board is before this court challenging the order of the learned Single Judge. Para 9 of the order the learned Single Judge has observed thus:-
"... this court directs the respondents 1 to 4 to receive the application of the petitioner, process, consider and accord electricity service connection to the building and departmental store and for the common areas of the building put up by the petitioner at ..... without insisting on production of completion certificate/no objection certificate from the fifth respondent/CMDA. However, it is open to the fifth respondent/CMDA to take action against the petitioner, if there is any violations or deviation in the construction put up by the petitioner."
3. The very order itself indicates that while providing electricity connection, the CMDA has to take action against the violations or deviation, if any. In the judgment of this court rendered in S.PRAKASH CHAND JAIN v. STATE OF TAMIL NADU ((2014) 2 MLJ 151) it is held as under:-
" 27. We have put a question to the learned counsel for CMDA as to how the developer got electricity, water and sewerage connection without obtaining completion certificate from CMDA. The learned Standing Counsel submitted that the builders have now invented a novel device by filing writ petition directing the authorities to provide electricity, water and sewerage connection without insisting completion certificate from CMDA.
28. Regulation No.4(5) of Development Regulations approved by the Government of Tamil Nadu in G.O.Ms.190, Housing and Urban Development Department dated 2 September 2008 read thus:
"Completion Certificate:
(a) The Applicant/owner/Builder/Promoter/Power of Attorney Holder and any other person who is acquiring interest shall not put the building to use without obtaining Completion Certificate from CMDA for 'Special buildings', Group Developments, Multi-storied Buildings, and Institutional buildings (exceeding 300 M2 in floor area) and such other developments as may be notified by the Chennai Metropolitan Development Authority from time to time.
(b) The Applicant/Owner/Builder/Promoter/Power of Attorney Holder and any other person who is acquiring interest shall submit application in complete shape for issue of Completion Certificate before probable date of completion, and CMDA/Local Body concerned, which had issued PP, shall dispose of such application."
....
32. We, therefore, by following Consumer Action Group, hold that writ petition for issuance of a Writ of Mandamus to direct TANGEDCO and TNWSS Board to provide electricity, water and sewerage connection and the Corporation/local body to assess the building and to provide door number, without insisting Completion Certificate from CMDA is not maintainable."
4. Therefore, in modification of the order of the learned Single Judge, we dispose of the writ appeals making it clear that the appellants Electricity Board can insist for completion certificate from CMDA before extending the electricity connection. The writ appeals are partly allowed in terms of the above order of the Division Bench of this court. However, it is made clear that even after completion certificate being produced before the Electricity Board, the Board shall not delay in extending the electricity connection and it shall take all possible steps to extend the electricity connection the moment the completion certificate is issued, without any further delay. No costs. The connected pending miscellaneous petitions are closed.
(H.G.R.,J.)(M.V.M.,J.)
Index:Yes/No 12.7.2016
Internet:Yes/No
ssk.
To:
The Chennai Metropolitan Development Authority
Rep by its Member-Secretary
No.1 Gandhi Irwin Road
Egmore Chennai 600 008
HULUVADI G. RAMESH, J.
AND
M.V.MURALIDARAN, J.
ssk.
W.A.No.6 of 2015 & batch
12.7.2016.