Madras High Court
Sekar Alagappan vs The Tamil Nadu Electricity Board on 12 February, 2010
Author: M. Jaichandren
Bench: M. Jaichandren
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 12.02.2010 CORAM THE HONOURABLE MR. JUSTICE M. JAICHANDREN W.P.No.1448 of 2010 Sekar Alagappan .. 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/West, 110, K.V., S.S.Complex, J.J.Plaza, Anna Nagar, Chennai 600 040. 4.The Assistant Executive Engineer (O&M), Tamil Nadu Electricity Board, Anna Nagar, Chennai 600 040. 5.Chennai Metropolitan Development Authority, Rep. By its Member Secretary, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008. .. Respondents. 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 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 petitioner forthwith to the residential building 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 from the fifth respondent. For Petitioner ... Mr.R.Mohan For Respondents ... Mr.A.Selvendaran (R1 to R4) Mr.D.Veerasekaran (R5) 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 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 petitioner to the residential building at Plot No.H.1985, 15th Main Road, Anna Nagar, Chennai, comprised in S.No.207 part, Thirumangalam Village, without insisting upon completion certificate from the 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.No. Description As per approved plan As on site Devia- tion Tole- rance limit Whether satisfy by Completion Certificate % of devia- tion
1) No. of floors Stilt floor + 4 floors Stilt floor + 4 floors
-
-
-
-
2) No. of dwelling 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
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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%
6) Parking 4 Nos. 4 Nos. Due to clubbing of dwelling units No. of car parking required as per Development 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 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 petitioner to the residential building at Plot No.H.1985, 15th Main Road, Anna Nagar, Chennai, comprised in S.No.207 part, Thirumangalam Village, without insisting upon completion certificate from the fifth 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.
Index:Yes/No 12.02.2010 Internet:Yes/No ogy Note to Office: Issue copy of the order by 22.02.2010 To
1.The Chairman, The 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/West, 110, K.V., S.S.Complex, J.J.Plaza, Anna Nagar, Chennai 600 040.
4.The Assistant Executive Engineer (O&M), Tamil Nadu Electricity Board, Anna Nagar, Chennai 600 040.
5.Chennai Metropolitan Development Authority, Rep. By its Member Secretary, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.
M. JAICHANDREN,J.
ogy W.P.No.1448 of 2010 12.02.2010