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2010 DIGILAW 315 (MAD)

Leela K. Joseph v. The Managing Director Chennai Metropolitan Water Supply & Sewerage Board & Others

2010-01-27

M.JAICHANDREN

body2010
Judgment :- This writ petition has been filed praying for a Writ of Mandamus to direct the first and the third respondents to grant water and sewerage connection to the petitioners residential building situate at New Door No.2, Old Door No.13, Trust Puram, 3rd Cross Street, Kodambakkam, Chennai, without insisting on the clearance certificate from the fourth respondent. 2. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the petitioner had submitted that the petitioner had constructed a building in the above mentioned place, consisting of stilt +4 floors. According to G.O.(Ms) No.139, Municipal Administration and Water Supply (Metro Water) Department, dated 15.10.2007, the completion certificate would have to be obtained from the competent authority only for multi storeyed buildings and special buildings. Special Buildings have been defined, as buildings with ground +3 floors and Multi storeyed buildings are defined, as buildings with more than four floors. Since, the petitioner has obtained the approval of the revised plan for the construction of stilt + 4 floors, from the Corporation of Chennai, the said government order, dated 15.10.2007, would not apply to the petitioners building. 3. The learned counsel had also pointed out an earlier order, dated 22.12.2009, passed by this Court, in W.P.No.26824 of 2009, wherein, a direction had been issued to the respondents therein to provide drainage and water connection to the premises of the petitioner, without insisting on the completion certificate from the concerned authorities. Therefore, it has been prayed that the respondents may be directed to effect water and sewerage connections to the petitioners premises, without insisting on the clearance certificate from the fourth respondent authority. 4. The learned counsels appearing on behalf of the respondents have no objection for this Court passing such an order. 5. In view of the submissions made by the learned counsels appearing for the parties concerned, the petitioner is permitted make an application to the first and the third respondents seeking for drainage and water connections to the premises of the petitioner, within a period of two weeks from today. 5. In view of the submissions made by the learned counsels appearing for the parties concerned, the petitioner is permitted make an application to the first and the third respondents seeking for drainage and water connections to the premises of the petitioner, within a period of two weeks from today. On receipt of such application, the first and the third respondents are directed to consider the same and effect water and sewerage connections to the petitioners premises, as prayed for by the petitioner, within a period of four weeks from the date of receipt of a copy of the said application, without insisting that the petitioner should produce a clearance certificate from the fourth respondent or from any other authority concerned. The writ petition is disposed of with the above directions. No costs. Consequently, connected miscellaneous petition is closed.