Madras High Court
M/S.Hariraj Homes vs Tamil Nadu Electricity Board on 17 July, 2014
Author: C.S.Karnan
Bench: C.S.Karnan
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17 / 07 /2014 CORAM THE HONOURABLE MR.JUSTICE C.S.KARNAN W.P.No.8169 of 2014 M/s.Hariraj Homes, Represented by its Partner: Mr.Raghunathan, No.29B, Arch Bishop Mathews Avenue, R.A.Puram, Chennai-600 028. ... Petitioner Vs. 1.Tamil Nadu Electricity Board, Represented by its Chairman, No.800, Anna Salai, Chennai-600 002. 2.The Superintending Engineer, CEDC/South, Tamil Nadu Electricity Board, 110, K.V.S.S.Complex, K.K.Nagar, Chennai - 600 078. 3.The Assistant Executive Engineer (O&M), Tamil Nadu Electricity Board, K.K.Nagar, Chennai - 600 078. 4.The Assistant Engineer (O&M), Tamil Nadu Electricity Board, K.K.Nagar, Chennai - 600 078. 5.The Chennai Metropolitan Development Authority, Represented by its Member-Secretary, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for a Writ of Mandamus, to direct the respondents 1 to 4 herein to receive, consider the application of the petitioner and to provide electricity service connection to the building and for the common ares of the building put up by the petitioner at Plot No.C-683, Door No.12, 65th Street, Ashok Nagar, Chennai-83, comprised in T.S.No.39, Block No.72 of Kodambakkam Village without insisting upon production of completion certificate / no objection certificate from the fifth respondent. For Petitioner : Mr.D.S.Rajasekaran For Respondents : Mr.P.Gunaraj (TNEB) for R1 to R4 Mr.A.Kumar (CMDA) for R5 - - - O R D E R
The brief facts of the case are as follows:-
The petitioner submits that he is the developer of the property situated at Plot No.C-683, Door No.12, 65th Street, Ashok Nagar, Chennai-83, comprised in T.S.No.39, Block No.72 of Kodambakkam Village. Accordingly, the fifth respondent herein has approved the planning permission for construction of proposed residential building consisting of stilt + 3 floors vide permit No.7502 dated 17.09.2012 in the file No.BC1/11014/12 and obtained building permission from Corporation of Chennai in BA No.CEBA/CD10/00472/12, dated 17.10.2012. He further submits that in accordance with the planning permission, he has put up the building thereon. The entire construction was over as early as in the month of November 2013. He further submits that there are no major deviations and violations in constructions except minor set back deviation in the building. As the building is ready for occupation, he has approached the third and fourth respondents herein to receive the application for providing electricity service connection. The respondents 3 and 4 insisted that he should enclose completion certificate from the fifth respondent for receiving and considering the application. Hence, they refused to receive the application.
2. The petitioner further submits that nowhere under the provisions of the Tamil Nadu Electricity act or Regulations do provide for insistence of completion certificate for receiving and considering application for electricity service connection. Anyhow, while the petitioner has approached the fifth respondent herein with request for issuance of completion certificate, the fifth respondent officials took their own time in considering the same and simply pointed out the minor changes which are not violative at all. The electricity service connection is basic amenity and without which himself and others cannot occupy the building. He further submits that he reliably learnt and understood that under similar circumstances, this Court was pleased to issue directions to the first respondent's electricity board authorities to provide service connection without insisting upon completion certificate from the planning authorities. Hence, the writ petitioner has filed the above writ petition for a direction to the respondents.
3. The fourth respondent has filed a counter affidavit for himself and on behalf of the respondents 1 to 3 stating that pursuant to the order of Hon'ble First 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 Completion Certificate / No Objection Certificate from the C.M.D.A in a case of 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 CMDA 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 CMDA as the petitioner's building is a multi storied building consisting of stilt + 3 Floors residential building.
4. The fourth respondent further submits that on the inspections made by the Engineer, Tamil Nadu Generation and Distribution Corporation Electricity (TANGEDCO), CEDC/SOUTH, K.K.Nagar, it had been found that the building in question where the service connection is sought for is a multi storied / special building consisting of stilt + 3 floors, 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 in the said premises and hence, there is no merit in the writ petition and the same is liable to be dismissed in limini.
5. The highly competent counsel, Mr.D.S.Rajasekaran for the petitioner submits that the petitioner has constructed a building at Plot No.C-683, Door No.12, 65th Street, Ashok Nagar, Chennai-83, comprised in T.S.No.39, Block No.72 of Kodambakkam Village, as per the sanctioned plan vide permit No.7502 dated 17.09.2012 in the file No.BC1/11014/12 and obtained building permission from Corporation of Chennai in BA No.CEBA/CD10/00472/12, dated 17.10.2012 for construction of stilt + 3 floors. As per the plan, the building has been constructed. Therefore, the petitioner has approached the third and fourth respondents, seeking electricity service connection. The learned counsel further submits that as the electricity is a basic amenity, the Tamil Nadu Electricity Board cannot insist the petitioner to produce no objection certificate from the Chennai Metropolitan Development Authority. Further, if any minor deviation is there in the said building, even then the owner of the building is entitled to get electricity service connection. In support of his contentions, the learned counsel has cited judgments in W.A.No.1102 of 2007, W.P.Nos.3847 and 3848 of 2012 and W.P.Nos.5661 and 5662 of 2013, wherein, this Court directed the Electricity Board to give electricity service connection without insisting on no objection certificate. The operative portion of the judgments are as follows:-
W.A.No.1102 of 2007:-
"We have heard Mr.R.Subbiah, learned counsel appearing for the appellants, Mr.J.Ravindran, learned counsel appearing for the CMDA and Mr.T.V.Ramanujam, learned senior counsel appearing for the first respondent. Perused the inspection report of the CMDA. It is seen from the report that by and large, the construction put up by the respondents is in accordance with the approved plan, though there are some minor deviations, for which the CMDA is free to take action in accordance with law. Writ appeal is dismissed. Consecutively, the connected miscellaneous petition is closed. No costs."
W.P.Nos.3847 and 3848 of 2012:-
"3. In view of the law laid down by this Court, referred to above, there is no justification with the respondents to deny the electricity and water and sewerage service connection for want of completion / no objection certificates from the respondent No.4
4. Consequently, the writ petitions are allowed. The writ in the nature of mandamus is issued to the respondents to provide electricity and water and sewerage service connection to the petitioner without insisting on completion certificate / no objection certificate."
W.P.Nos.5661 and 5662 of 2013:-
"7. In view of the above stated position, I am inclined to direct the respondents 1 to 4 in W.P.No.5661 of 2013 to provide electricity service connection to the property in question and direct respondents 1 and 2 in W.P.No.5662 of 2013 to provide water and sewerage connection to the property. The said exercise has to be carried out by them within a period of four weeks from the date, when the petitioners approach the concerned respondents with necessary application form along with the necessary documents. However, it is open to the respondent / CMDA to take action against the petitioners, if there is any deviation in the construction put up by the petitioners."
Hence, the highly competent counsel, Mr.D.S.Rajasekaran entreats the Court to allow the above writ petition.
6. The very competent counsel, Mr.P.Gunaraj appearing for the respondents 1 to 4 vehemently argued that the electricity service connection can be given, without insisting on completion certificate / no objection certificate, only for ordinary buildings, but in the instant case, the petitioner has constructed stilt +3 floors and as such, it comes under the category of special building / multi-storied building, for which, no objection certificate / completion certificate from the CMDA is absolutely necessary. Further, there is a deviation in construction over the said building. As such, the planning permit granted by the fifth respondent has been violated by the petitioner. Hence, the petitioner is not entitled to get electricity service connection. The completion certificate / no objection certificate is required by law and hence, the highly competent counsel, Mr.P.Gunaraj prays the Court to dismiss the above writ petition.
7. The highly competent counsel, A.Kumar appearing for the fifth respondent submits that the production of completion certificate / no objection certificate from the fifth respondent is required by law and also required as per this Hon'ble Division Bench's order. The petitioner himself had admitted in his affidavit that there are minor set back deviation. As such, it is evident that the building has not been constructed as per the sanctioned plan. Therefore, it is prayed to dismiss the above writ petition.
8. On considering the facts and circumstances of the case and arguments advanced by the learned counsels on all sides and on perusing the typed-set of papers and also taking into account the judgments, cited by the learned counsel for the petitioner, in W.A.No.1102 of 2007, W.P.Nos.3847 and 3848 of 2012 and W.P.Nos.5661 and 5662 of 2013, this Court is inclined to allow the above writ petition as the said judgments have become final and is in operation. Hence, this Court directs the respondents 1 to 4 to receive the application of the petitioner, process, consider and accord electricity service connection to the premises at Plot No.C-683, Door No.12, 65th Street, Ashok Nagar, Chennai-83, comprised in T.S.No.39, Block No.72 of Kodambakkam Village, 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.
9. In the result, the above writ petition is allowed with the above observations. There is no order as to costs.
17 / 07 / 2014
Index : Yes.
Internet : Yes.
r n s
C.S.KARNAN, J.
r n s
To
1.The Chairman,
Tamil Nadu Electricity Board,
No.800, Anna Salai,
Chennai-600 002.
2.The Superintending Engineer,
CEDC/South,
Tamil Nadu Electricity Board,
110, K.V.S.S.Complex,
K.K.Nagar, Chennai - 600 078.
3.The Assistant Executive Engineer (O&M),
Tamil Nadu Electricity Board,
K.K.Nagar, Chennai - 600 078.
Pre Delivery Order made in
W.P.No.8169 of 2014
4.The Assistant Engineer (O&M),
Tamil Nadu Electricity Board,
K.K.Nagar, Chennai - 600 078.
5.The Chennai Metropolitan Development Authority,
Represented by its Member-Secretary,
No.1, Gandhi Irwin Road,
Egmore, Chennai-600 008.
17 / 07 /2014