Madras High Court
B.Mohamed Siddiq Basha vs The Assistant Engineer on 4 December, 2014
Author: C.S.Karnan
Bench: C.S.Karnan
IN THE HIGH COURT OF JUDICATURE AT MADRAS CAV ON:02.07.2014 DATED: 04/12/2014 CORAM THE HONOURABLE MR.JUSTICE C.S.KARNAN W.P.No.3502 of 2014 B.Mohamed Siddiq Basha ... Petitioner Vs. The Assistant Engineer, TANGEDCO, Virugambakkam, Chennai 87. ... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of direction more particularly in the nature of Writ of Certiorarified Mandamus call for the records of pertaining to the file in Ref.No Ka.No. U.Po/EPa/Vpakkam/So.Kattu/A.No.92 dated 26.12.2013 passed by the respondent and quash the same as illegal non sustainable in law and consequently direct the respondent to give electricity connections based on the payment slips dated 26.12.2013. For Petitioner s : Mr.T.Arokiya Doss for M/s.Dass Law Associates For Respondent : Mr.P.Gunaraj (Electricity Board counsel) - - - O R D E R
The short facts of the case are as follows:-
The respondent states that the petitioner had filed the above writ petition praying issuance of a Writ of Mandamus or any other appropriate writ or order a direction, in nature of writ Writ of Certiorarified Mandamus call for the records pertaining to the file in Ref.No.Ka.No.U.Po/EPa/Vpakkam/So.Kattu/A.No.92, dated 26.12.2013 passed by the respondent and quash the same as the same is illegal non sustainable in law and consequently direct the respondents to give electricity Service Connection based on the payment slips dated 26.12.2013.
2. He further states that pursuant to the order of the 1st Bench, a High Level Committee had been constituted and as per the recommendations of the High Level Committee the electricity service connection shall not be granted without the production of the Completion Certificate/No Objection Certificate from the C.M.D.A in case of a special building and multi storied building and consequent to the recommendation of the High Level Committee the Development Control Rules has been amended and as per the amended provisions of the Development Control Rules, the electricity service connection shall not be granted without the production of Completion Certificate obtained from the C.M.D.A in case of special building and multi storied building and hence in the case of the above writ petitioner, the electricity service connection shall not be granted without the production of Completion Certificate obtained from C.M.D.A in case of special building and multi-storied building and hence in the case of the above writ petitioner the electricity service connection shall not be granted without the production of Completion Certificate obtained from the C.M.D.A as the petitioner's building is a multi-storied building consisting of Ground+2 Floors with 6 dwelling units coming under the category of special buildings and multi-storied building accordingly the petitioner has to obtain the No Objection /Completion Certificate from CMDA and for the said residential building and hence the writ petitioner was instructed to submit the application in the proper format along with the necessary required documents and the Completion Certificate/No Objection Certificate obtained from CMDA, since the said building is categorized as special building and multi-storied residential building.
3. He further submits that on enquiry, the writ petitioner had been insisted to produce the Completion Certificate/No Objection Certificate from CMDA since it is stayed by the writ petitioner that the electricity connection requested for the building which is multi-storied building consisting of Ground+2 Floors with 6 dwelling units, residential building and hence as per the provisions of the Development Control Rules, the writ petitioner has to produce the Completion Certificate/No Objection Certificate obtained from the CMDA so as to get the electricity supply and the TANGEDCO cannot consider request of the writ petitioner without submitting the proper application along with the necessary required documents and Completion Certificate/No Objection Certificate from CMDA and hence there is no merit in the above writ petition and the same is liable to be dismissed in limini.
4. The highly competent counsel Mr.T.Arokiya Doss appearing for the petitioner submits that the petitioner was allotted Plot No.401 comprised in Survey No.163 and Door No.96 to an extent of around 900 Sq.fts of land allotted by the slum clearance board. After putting up a construction over the land the petitioner is residing there. The petitioner had submitted an application with prescribed fee dated 26.12.2013 for securing six new electricity service connections since it is of paramount importance being the basic of amenities, further the petitioner had paid the prescribed fee to the respondents herein. Further, the petitioner is having existing connection at the same building the petitioner has water connection property tax etc., further it is not a new construction only repair/maintenance work carried out. Under the circumstances, the respondent directed the petitioner to produce Completion Certificate from the Chennai Metro Development Authority which is not tenable. In the instant case, the completion certificate is not required since the property had been allotted by the Tamil Nadu Housing Board. The Housing Board had executed a sale deed dated 24.08.2006. From the date of construction the petitioner and his family members, are enjoying the said property. The building had been constructed, after observing all legal formalities and also strictly following the conditions imposed by the Tamil Nadu Housing Board. Further, the building has been reduced to a dilapidated condition. So that he has repaired it for suitable occupation for him and for his family members. Hence, the learned counsel entreats the Court to allow the above writ petition.
5. The very competent counsel Mr.P.Gunaraj, appearing for the respondents submits that as per this Court Division Bench order, a High Level Committee had been constituted and as per the recommendations of the High Level Committee, the electricity service connection shall not be granted without the production of the No Objection Certificate from the Chennai Metro Development Authority. As such, the Completion Certificate is absolutely necessary. Further, the petitioner's building classified as in the special building category which is consisting of ground. The 1st + 2nd Floor all the three floors consisting of six separate units. Therefore, the respondent had rejected the petitioner's application and passed an impugned order which is appropriate.
6. Per contra, the very competent counsel Mr.Arokiya Doss submits that as per the allotment order and sale deed executed by the Tamil Nadu Housing Board, the total land to an extent of 900 sq.ft and the total cost a sum of Rs.8,768/-. It clearly proves that the petitioner had obtained land from the Tamil Nadu Housing Board as weaker section category. Therefore, the building could not be categorized as a Special building or multi-storied building, but the building is treated as an ordinary building, therefore, the No-Objection Certificate is not a crucial one.
7. On considering the facts and circumstances of the case and arguments advanced by the learned counsel on either side and on perusing the typed sets of papers, the above writ is allowed, since the building has been constructed over the land to an extent of 900 sq. ft consisting of 6 units. Further the Housing Board has provided plots +flats only to the weaker sections of society. Therefore, the petitioner's constructed house is treated as an ordinary building. Further, there is an existance of service connection at the same building. As such the petitioner is entitled to obtain new electricity service connection without the production of the Completion Certificate/No Objection Certificate, from the Chennai Metro Development Authority. Hence, the impugned order in reference No. Ref.No Ka.No. U.Po/EPa/Vpakkam/So.Kattu/A.No.92 dated 26.12.2013 passed by the respondent is quashed. Consequently, this Court directs the respondent to provide six new electricity service connections to the petitioner's building within a period of four weeks from the date of receipt of a copy of this order, after collecting necessary mandatory charges. No costs.
04/12/ 2014
Index : Yes/No.
Internet : Yes/No.
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C.S.KARNAN, J.
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To
The Assistant Engineer,
TANGEDCO, Virugambakkam,
Chennai 87.
Pre Delivery Order made in
W.P.No.3502 of 2014
04/12/2014