Madras High Court
P.Prabakaran vs Chennai Metropolitan Water Supply & on 18 February, 2021
Author: C.Saravanan
Bench: C.Saravanan
W.P.Nos.13727 & 13728 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.02.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.No.13727 & 13728 of 2013
and MP.Nos.1 and 2 of 2013
WP.No.13727 of 2013
1.P.Prabakaran
2.P.Sekaran
3.V.Rajendren
4.P.Sumathi
5.K.Jayakanth
6.A.Bhuvaneswari ... Petitioners
Vs
1.Chennai Metropolitan Water Supply &
Sewerage Board,
rep.by its Managing Director
No.1, Pumping Station Road,
Chennai – 2.
2.The Executive Engineer,
Chennai Metropolitan Water Supply &
Sewerage Board,
Adayar, Chennai – 600 020.
3.The Area Engineer,
Chennai Metropolitan Water Supply &
Sewerage Board,
Thoraipakkam, Chennai – 600 096.
4.The Chennai Metropolitan
Development Authority,
rep.by its Member Secretary,
No.1, Gandhi Irwin Road,
Egmore, Chennai – 600 008. ...Respondents
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Page 1 of 7
W.P.Nos.13727 & 13728 of 2013
W.P.No.13728 of 2013
1.P.Prabakaran
2.P.Sekaran
3.V.Rajendren
4.P.Sumathi
5.K.Jayakanth
6.A.Bhuvaneswari ... Petitioners
Vs
1.The Tamil Nadu Generation and Distribution
Corporation Limited,
rep.by its Superintending Engineer,
Chennai Electricity Distribution Circle/South,
Valluvarkottam, Chennai – 600 034.
2.The Executive Engineer,
O & M, Tamil Nadu Generation and Distribution
Corporation Limited, I.T.Corridor,
Adayar, Chennai – 600 020.
3.The Assistant Engineer,
O & M, Tamil Nadu Generation and Distribution
Corporation Limited,
Thoraipakkam, Chennai – 600 097.
4.The Chennai Metropolitan
Development Authority,
rep.by its Member Secretary,
No.1, Gandhi Irwin Road,
Egmore, Chennai – 600 008. ...Respondents
Prayer in WP.No.13727 of 2013: Writ petition filed under Article
226 of the Constitution of India to issue a writ of Mandamus to
direct the respondents to grant water and sewerage connection to
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W.P.Nos.13727 & 13728 of 2013
the petitioners' flats situated at Anandnagar 4 th Street,
Thoraipakkam, Chennai and comprised in Old S.No.227/1 and
228/1, bearing Sub Division Plot Nos. 2A and 3A, without insisting
completion certificate from the fourth respondent.
Prayer in WP.No.13728 of 2013: Writ petition filed under Article
226 of the Constitution of India to issue a writ of Mandamus to
direct the respondents to grant electricity connection to the
petitioners' flats situated at Anandnagar 4th street, Thoraipakkam,
Chennai and comprised in Old S.No.227/1 and 228/1, bearing Sub
Division Plot Nos. 2A and 3A, without insisting completion certificate
from the fourth respondent.
For Petitioners : M/s.Achari and Antoni
(in both W.Ps)
For Respondents : Mr.I.David Singh for
(in WP.13727/13) R1 to R3
For Respondents : Mr.P.Gunaraj for
(in WP.13728/2013) R1 to R3
COMON ORDER
Today, there is no representation on behalf of the petitioner in
both the petitions. Writ petitions stand for final hearing and the
order has been passed.
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Page 3 of 7
W.P.Nos.13727 & 13728 of 2013
2. The writ petition in W.P. No.13727 of 2013 has been filed
by the petitioner to grant water and sewerage connection to the
petitioners' flats situated at Anandnagar 4th Street, Thoraipakkam,
Chennai and comprised in Old S.No.227/1 and 228/1, bearing Sub
Division Plot Nos. 2A and 3A, without insisting completion certificate
from the fourth respondent.
3. The writ petition in W.P. No.13728 of 2013 has been filed
by the petitioner to grant electricity connection to the petitioners'
flats situated at Anandnagar 4th street, Thoraipakkam, Chennai and
comprised in Old S.No.227/1 and 228/1, bearing Sub Division Plot
Nos. 2A and 3A, without insisting completion certificate from the
fourth respondent.
4. In WP.No.13727 of 2013, the 3rd respondent namely, The
Area Engineer, Chennai Metropolitan Water Supply & Sewerage
Board, Thoraipakkam, Chennai, in his counter has stated that the
respondents never received any application from the petitioner, nor
insisted for completion certificate. As a matter of fact, if the
petitioner had applied for their flats referred to above, the
respondents would not have insisted for completion certificate, for
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Page 4 of 7
W.P.Nos.13727 & 13728 of 2013
the simple reason, that their buildings consists of stilt plus 2 floors
and for giving water and sewerage connections to that building
completion certificate is not at all required”. It has been further
stated that in the counter that, if the petitioner approach the
respondent, after completion of the work of laying of water and
sewer mains, their application will be examined and connection
given, without insisting for completion certificate, if their residential
apartments remain to be of the stilt plus 2 floors and not exceeding
that.
5. There is a factual finding, by the respondent that the
petitioner building consists of stilt plus 2 floors and for giving water
and sewerage connections to that building, Completion Certificate is
not required at all. The same condition applies to the electricity
connection also i.e., W.P.No.13728 of 2013.
6. In these circumstances, these writ petitions filed by the
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Page 5 of 7
W.P.Nos.13727 & 13728 of 2013
petitioner stands allowed. No costs, consequently, connected
Miscellaneous Petitions are closed.
22.02.2021
Index: Yes/ No
Internet : Yes/No
drl
To
1.The Managing Director
Chennai Metropolitan Water Supply &
Sewerage Board,
No.1, Pumping Station Road,
Chennai – 2.
2.The Executive Engineer,
Chennai Metropolitan Water Supply &
Sewerage Board, Adayar, Chennai – 600 020.
3.The Area Engineer,
Chennai Metropolitan Water Supply &
Sewerage Board,
Thoraipakkam, Chennai – 600 096.
4.The Member Secretary,
The Chennai Metropolitan
Development Authority,
No.1, Gandhi Irwin Road,
Egmore, Chennai – 600 008.
5.The Superintending Engineer,
The Tamil Nadu Generation and Distribution
Corporation Limited,
Chennai Electricity Distribution Circle/South,
Valluvarkottam, Chennai – 600 034.
6.The Assistant Engineer,
O & M, Tamil Nadu Generation and Distribution
Corporation Limited, Thoraipakkam, Chennai – 600 097.
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Page 6 of 7
W.P.Nos.13727 & 13728 of 2013
C.SARAVANAN,J.
drl W.P.No.13727 & 13728 of 2013 and MP.Nos.1 and 2 of 2013 22.02.2021 ___________ https://www.mhc.tn.gov.in/judis/ Page 7 of 7