P. v. Ananthachary VS Managing Director, Chennai Metropolitan Water Supply and Sewerage Board, Chennai
2011-04-06
R.SUDHAKAR
body2011
DigiLaw.ai
Judgment :- 1. Writ Petition is filed praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to receive the application, process and effect water and sewerage connection to the petitioner's residential building at Block No.63, R.K.Shanmugam Salai, K.K. Nagar, Chennai-600 078 without insisting on completion certificate from the fourth respondent. 2. In view of the Division Bench order passed earlier, the fourth respondent was called upon to inspect the premises and give a report as to whether there is any major violation in the construction. On a direction by this Court, the property was inspected and report has been filed by the fourth respondent. 3. On a perusal of the report, it appears that there is no major violation with regard to dimension and set back in each floor. However, there is violation with regard to floor space index area. Inasmuch as the petitioner has constructed 320.62 square meters in excess of the approved plan, and is willing to remove the excess area for the purpose of compliance, the relief sought for can be considered. 4. The fourth respondent is directed to take appropriate action for the alleged fourth floor violation in accordance with law. Subject to the above condition, since there is no other violation recorded, the respondents 1 to 3 are directed to effect water and sewerage connection without insisting the completion certificate from the fourth respondent, if the application is otherwise in order. The writ petition is ordered as above. No costs.