Madras High Court
K.Srinivasa Rao vs The Chairman on 17 December, 2014
Author: C.S.Karnan
Bench: C.S.Karnan
IN THE HIGH COURT OF JUDICATURE AT MADRAS CAV ON:26.11.2014 DATED:17 /12 /2014 CORAM THE HONOURABLE MR.JUSTICE C.S.KARNAN W.P.No.27453 of 2014 and M.P.No.1 of 2014 K.Srinivasa Rao ... Petitioner Vs. 1.The Chairman, Tamil Nadu Electricity Board, No.800, Anna Salai, Chennai 600 002. 2.The Chief Engineer, (Commercial), Tamil Nadu Electricity Board, No.800, Anna Salai, Chennai 600 002. 3.The Superintendent Engineer, Tamil Nadu Electricity Board, CEDC/SOUTH, K.K.Nagar, Chennai 600 078. 4.The Assistant Engineer (Operation and Maintenance), Tamil Nadu Electricity Board, K.K.Nagar, Chennai 600 078. 5.The Member Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi Irvin Road, Chennai 600 008. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus or any other appropriate writ or order or direction, in the nature directing the 1st to 4th respondents to receive the application, process and effect electricity service connection to petitioners residential building at No.52, Shanmugam Salai, K.K.Nagar, Chennai 600 078, without insisting completion certificate from the 5th respondent. For Petitioner s : M/s.V.Dinesh Raja For Respondents : Mr.P.Gunaraj (EB) for R1 to R4 Mr.P.Tamilavel (CMDA) for R4 - - - O R D E R
The short facts of the case are as follows:-
The petitioner submits that he is the owner of the property bearing Old Survey No.419/1, Part and 394 Part, T.S.No.143, Kodambakkam Village, Door No.52, R.K.Shanmugam Salai, K.K.Nagar, Chennai 78. He has constructed Stilt+4 floors with eight dwelling units of residential building after obtaining sanction from the 4th respondent office vide PPA No.B/Spl/BLDG/539/2012, dated 31.12.2012 and completed the same.
2. The writ petitioner further submitted that in order to effect electricity service connection supply he had approached the 1st to 3rd respondents for effecting electricity service connection. The 3rd respondent while processing the same insisted upon production of No Objection Certificate/Completion Certificate from the 4th respondent. The writ petitioner is advised to submit that the said demand of Completion Certificate/No Objection Certificate is in pursuant to an observation by the Hon'ble Division Bench in a regularization batch of cases.
3. The writ petitioner for the present writ petition is being preferred against the arbitrary and illegal acts of the 1st to 3rd respondents demanding the completion certificate according to the sanctioned plan, from the 4th respondent herein for effecting electricity service connection. The material facts leading to the present writ petition are stated below. He submits that, after procuring necessary statutory clearances, he has started his construction and completed the same. Under the circumstances, it is very difficult in that the interregnum petitioner applied to the 1st to 3rd respondents for electricity service connection and the respondents in declining to admit the application for electricity service connection without completion certificate from the 4th respondent. In this connection, he made his representation to 3rd respondent on 03.06.2014.
4. The writ petitioner submitted that during the course of construction there were minor deviations which do not in any manner affect the structural stability or in gross violation of the Development Control Rules and the same has been done for satisfying additional needs of purchasers and he submits that it would be pertinent to state that the Tamil Nadu Electricity Board had taken a similar view and this Court has held that they cannot insist upon production of completion certificate and in case there are any deviations, it is the lookout of the 4th respondent who has to take action in accordance with law. The Hon'ble 1st Bench has upheld this proposition in its order dated 04.09.2007 in W.P.No.1102 of 2007.
5. The 3rd respondent namely Superintending Engineer has filed a counter statement on behalf of the other respondents 1,2 and 4 and himself. The petitioner herein had never approached the respondents 1 to 4 to receive the application requesting for a new service connection for the construction building at the petitioner's premises.
6. He further states that pursuant to the order of the Hon'ble 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 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 had also 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 production of the Completion Certificate obtained from the C.M.D.A as the petitioner's building is a multi storied building consisting of Stilt+4 floors comprising eight dwelling units accordingly had secured the building permission for residential building from CMDA, the 5th respondent herein 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.
7. He further submits that the production of Completion Certificate/No Objection Certificate/Compilation Certificate obtained from the 5th respondent CMDA is essential as per the regulation 27(16) (a) of Tamil Nadu Electricity Distribution Code 2004, since the electricity connection requested for the building which is a multi storied building consisting of Stilt+4 Floors with eight 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/Compilation Certificate obtained from the C.M.D.A, so as to get the electricity supply and TANGEDCO cannot consider the request of the writ petitioner without submitting application in a proper format along with the necessary required documents and Completion Certificate/No Objection Certificate/Compilation Certificate obtained from CMDA as per the existing law and code particularly as per Regulation 27(16) (a) of Tamil Nadu Electricity Distribution Code 2004 wherein it is made compulsory to get the Completion Certificate/No Objection Certificate/Compilation Certificate from CMDA and hence the writ petitioner has to give application in proper format along with the necessary documents and the Completion Certificate/No Objection Certificate/Compilation Certificate obtained from CMDA, since the petitioner needs the service connection for his special building/multi Storied building at No.52, Shanmugam Salai, K.K.Nagar, Chennai 600 078.
8. He further submits that the Division Bench by an order dated 31.01.2014, passed in W.P.No.17639 of 2013 and W.P.No.19114 of 2010 and as per the judgment in W.P.No.18898 of 2009 etc., batch reported in 2006 (4) CTC P.483 ordered Tamil Nadu Electricity Board to consider the application for effecting service connection to the multi-storied or special building if No Objection Certificate obtained from C.M.D.A is submitted along with the application and hence there is no merit in the above writ petition and the same is liable to be dismissed in limine.
9. The highly competent counsel Mr.V.Dinesh Raja appearing for the petitioner submits that the petitioner is the absolute owner of the property bearing Door No.52, R.K.Shanmugam Salai, K.K.Nagar, Chennai 78, wherein he has constructed a building consisting of Stilt+4 floors, with eight dwelling units of residential buildings. The building has been constructed after obtaining building permission from the 5th respondent vide proceedings dated 31.12.2012. After completing the said building, the petitioner had approached the respondents 1 to 4 for effecting new electricity service connection. The 4th respondent insisted the petitioner to produce No Objection Certificate/Completion Certificate from the 5th respondent herein. The very competent counsel further submits that as per this court's Division Bench orders passed in several writ petitions, wherein this Court directed the electricity board to provide electricity service connection without insisting upon production of No Objection Certificate. The said orders have become final and operating. The petitioner also made representation to the 4th respondent on 03.06.2014. The petitioner has constructed the said building without any violation or deviation. Hence, the learned counsel entreats the Court to allow the above writ petition.
10. The very competent counsel, Mr.P.Gunaraj, appearing for the respondents 1 to 4 submits that as per the order of this Hon'ble Division Bench of the Court, a high level committee had been constituted and as per the order of this Hon'ble Division Bench of the Court, 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 production of the Completion Certificate from the Chennai Metro Development Authority in case of a special building and multi storied building. As per the recommendation of the high level committee, the Development Control Rules had also 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 C.M.D.A in case of special building and multi storied building and therefore, in the case of the petitioner, the electricity service connection shall not be granted.
11. The very competent counsel further submits that as per the regulation of the Tamil Nadu Electricity Distribution Code, the Completion Certificate is required. Hence, the above writ petition is not maintainable. The learned counsel further cited a judgment which had been pronounced by this Hon'ble Division Bench reported in CTC (4) page 483 wherein it has been stated to consider the application for affecting service connection to the multi storied building or special building if No Objection Certificate obtained from C.M.D.A is submitted along with prescribed form. In this case, the writ petitioner had not complied with the said condition. Hence, the above writ petition is not maintainable.
12. The highly competent counsel Mr.P.Tamilavel, appearing for the 5th respondent submits that the petitioner had obtained building plan from the 5th respondent dated 31.12.2012. The petitioner has constructed his building with deviation and violation. Therefore, the 5th respondent has to inspect the building to determine the deviation and violation and only then the Completion Certificate can be issued, which is required by law. Therefore, the petitioner cannot get electricity service connection from the respondents 1 to 4 without obtaining No Objection Certificate from the 5th respondent.
13. From the above discussions, this Court is of the view that:
(i) The petitioners have constructed stilt floor + 8 dwelling units after obtaining necessary building plan. Now nine plot owners applied for new electricity service connection which is the most basic amenity for occupying the respective flats. In construction of the huge buildings, heavy building material etc. is used for constituting the same, as such the completed buildings should be immediately occupied in order to save on economy by the respective owners.
(ii) If any deviation or violation being committed by the petitioners, the same can be rectified at any time in future. If any delay comes about through non-occupation, the owners of the property are the sufferers.
(iii) This Court granted relief in a similar case to the petitioner to provide electricity service connection without insisting on the production of No Objection Certificate. This order has been passed in writ petition No.32995 of 2013. The respective writ petition order has become final. Therefore, the writ petition should follow in similar fashion.
14. On Considering the facts and circumstances of the case and arguments advanced by the learned counsel on either side, the views as mentioned above (i) to (iii) this Court is inclined to allow the above writ petition and directs the respondents 1 to 4 to receive the petitioner's application without insisting upon the Completion Certificate/No Objection Certificate from the 5th respondent herein and to provide electricity service connection to the residential building situated at Door No.52, Shanmugam Salai, K.K.Nagar, Chennai 600 078, within a period of fifteen days from the date of receipt of this order. The 5th respondent is at liberty to initiate any legal action in the event of any violation or deviation over the said building construction. Accordingly ordered. No costs. Consequently, connected miscellaneous petition is closed.
15. In the result, the writ petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.
17/12 /2014 Index : Yes/No. Internet : Yes/No. ub C.S.KARNAN, J. ub To 1.The Chairman, Tamil Nadu Electricity Board, No.800, Anna Salai, Chennai 600 002. 2.The Chief Engineer, (Commercial), Tamil Nadu Electricity Board, No.800, Anna Salai, Chennai 600 002. 3.The Superintendent Engineer, Tamil Nadu Electricity Board, CEDC/SOUTH, K.K.Nagar, Chennai 600 078. 4.The Assistant Engineer (Operation and Maintenance), Tamil Nadu Electricity Board, K.K.Nagar, Chennai 600 078. 5.The Member Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi Irvin Road, Chennai 600 008. Pre Delivery Order made in W.P.No.27453 of 2014 and M.P.No.1 of 2014 17/12 /2014