R.

Anbazhaghi Mohan vs The Executive Engineer on 23 July, 2013

Madras High Court Madras High Court R.Anbazhaghi Mohan vs The Executive Engineer on 23 July, 2013 DATED : 23.07.2013 CORAM: THE HONOURABLE MR. JUSTICE D.HARIPARANTHAMAN W.P.No.20162 of 2013 1. R.Anbazhaghi Mohan 2. M.Gopikrishnan 3. M.Ganesh 4. M.Bharath .. Petitioners vs 1. The Executive Engineer, (O & M) C.E.D.C. South TANGEDCO, 78.

Tamil Nadu Electricity Generation & Distribution Co. K.K.Nagar, Chennai 2. The Assistant Engineer, (O & M) C.E.D.C. South TANGEDCO,

Tamil Nadu Electricity Generation & Distribution Co. Saligramam, Chennai 3. Member Secretary, Chennai Metropolitan Development Authority, C.M.D.A. Office, Thazhamuthu Natarajan Buildings, Egmore, Chennai 600 008.

93.

4. The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai 600 003. .. Respondents

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R.Anbazhaghi Mohan vs The Executive Engineer on 23 July, 2013

Petition filed under Article 226 of the Constitution of India for the issuance of writ of Certiorarified Mandamus calling for the Impugned Order in reference Lr. No. AE/O&M/SGM/F NSC/D. No.39/2013 dt 26.6.13 on the file of 2nd respondent herein and quash the same consequently grant a direction directing the respondents 1 and 2 to provide Three Phase Electricity Service Connections for the supply of Three Phase Electricity Power to the 10 Flats at property Plot 7A and 7B bearing Old Door No.7 New Door No.6 Dr. Ambedkar Street, Gandhi Nagar, Saligramam, Chennai 93 as applied respectively in the names of the petitioners 1 to 4 herein. For Petitioners : Mr.S.R.Sundaram For Respondents : Mr.P.Gunaraj, - for R1 & R2 Mr.A.Kumar for R3 for R4

Mr.A.P.Balasubramanian ORDER

The petitioners put up construction with stilt and two floors at Plot Nos.7A and 7B bearing Old Door No.7, New Door No.6 Dr. Ambedkar Street, Gandhi Nagar, Saligramam, Chennai 93. They obtained planning permission from the fourth respondent for putting up construction with stilt and two floors. For construction of this nature, there is no necessity to get planning approval from the Chennai Metropolitan Development Authority. 2. After completion of the construction, the petitioner approached the second respondent for electricity service connection. 3. The second respondent passed the impugned order dated 26.6.2013 refusing to grant service connection on the ground that the petitioner has not produced the completion certificate from the competent authority. Hence, the petitioners have filed this writ petition to quash the impugned order dated 26.6.2013 and for consequential direction to the respondents 1 and 2 to provide three Phase Electricity Service Connections at Plot Nos.7A and 7B bearing Old Door No.7 New Door No.6 Dr. Ambedkar Street, Gandhi Nagar, Saligramam, Chennai 93. 4. Heard both sides. 5. The learned counsel for the petitioners, relying on letter No.EC1/15998/Spl./2012, dated 18.3.2013 of the Chennai Metropolitan Development Authority, submitted that in the case of ordinary building, no completion certificate is necessary for getting electricity service connection. He further submitted that only in the case of special building, completion certificate is necessary for getting electricity service connection. 6. I have considered the submissions made on either side. 7. The relevant passage from the letter No.EC1/15998/Spl./2012, dated 18.3.2013 is extracted hereunder:" It is clarified that for the buildings approved as an ordinary building by the Local Bodies, Completion Certificate need not be insisted for providing service connections, as of now, as the Local Bodies do not issue Completion Certificate for the ordinary buildings issued by them. 8. The learned counsel for the Chennai Metropolitan Development Authority has submitted that the concerned building is not a special building. 9. In these circumstances, as per letter dated 18.3.2013 of the Chennai Metropolitan Development Authority no completion certification is necessary for getting electricity service connection.
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R.Anbazhaghi Mohan vs The Executive Engineer on 23 July, 2013

10. Hence, the impugned order dated 26.6.2013 is quashed and a direction is issued to the respondents 1 and 2 to provide electricity service connections, as required by the petitioners on payment of necessary fees, within a period of four weeks from the date of receipt of a copy of this order. 11. The writ petition is allowed. No costs. rj To 1. The Executive ;Engineer, (O & M) C.E.D.C. South TANGEDCO,

Tamil Nadu Electricity Generation & Distribution Co. K.K.Nagar, Chennai 78.

2. The Assistant Engineer, (O & M) C.E.D.C. South TANGEDCO,

Tamil Nadu Electricity Generation & Distribution Co. Saligramam, Chennai 93.

3. Member Secretary, Chennai Metropolitan Development Authority, C.M.D.A. Office, Thazhamuthu Natarajan Buildings, Egmore, Chennai 600 008.

4. The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai 600 003

Indian Kanoon - http://indiankanoon.org/doc/161896625/