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Madras High Court · body

2012 DIGILAW 1847 (MAD)

P. Selvaraj v. Chennai Metropolitan Water Supply And Sewage Board, rep by its Managing Director/Chairman

2012-04-11

M.JAICHANDREN

body2012
Judgment :- 1. Heard the learned counsel for the petitioner, as well as the learned counsel for the respondents. 2. This writ petition has been filed praying that this Court may be pleased to issue a writ of Mandamus directing the first and the second respondents to receive, process and consider and accord the water and sewerage connections to the premises in question, said to be belonging to the petitioner, in accordance with law, without insisting on the production of the Completion Certificate/No Objection Certificate, by the petitioner. 3. It has been stated that the property in question, at No.4, Perumal Koil Garden VII Lane, Sowcarpet, Chennai, bearing new survey No.7854, having an extent of 630 sq.ft. of land, with an old dilapidated building, had been purchased by the petitioner. He had approached the third respondent for the necessary planning permission, to demolish the dilapidated building in the property in question and to construct a building therein. However, the third respondent had stated that no application can be entertained for the development of the land, less than the minimum extent of 80 square metres, in a noncontinuous building zone. However, the petitioner had commenced and completed the construction of the building, consisting of ground plus 4 floors to an extent of 2,629 sq.ft., for residential use, for his own occupation. 4. It had also been submitted that the petitioner had also obtained electricity service connection for his premises and it has been assessed for property tax, by the Corporation of Chennai, for the second half of the year, 2011-2012. The necessary water and sewerage tax is also being duly paid, till date. When the petitioner had approached the second respondent Board, by submitting an application, on 19.10.2011, for water and sewerage connections, the second respondent had insisted on the production of the Completion Certificate/No Objection Certificate, from the third respondent. In such circumstances, the petitioner had filed the present writ petition, before this Court, under Article 226 of the Constitution of India. 5. The learned counsel for the petitioner had produced before this Court, an order of this Court, dated 27.3.2012, made in W.P.No.3384 of 2012. In such circumstances, the petitioner had filed the present writ petition, before this Court, under Article 226 of the Constitution of India. 5. The learned counsel for the petitioner had produced before this Court, an order of this Court, dated 27.3.2012, made in W.P.No.3384 of 2012. Paragraph 5 of the said order reads as follows: "5.) Considering the above facts and circumstances and considering the order stated supra, I am inclined to direct respondents 1 and 2 to consider the case of the petitioners for grant of water and sewerage connection in accordance with law. The petitioners have to comply with the provisions as per law. On such compliance, it is open to respondents 1 and 2 to consider the claim of the petitioners for the said connection and the said exercise has to be carried out within a period of three weeks from the date of receipt of a copy of this order." 6. The learned counsel appearing for the third respondent had filed a counter affidavit, dated 20.12.2011, wherein, it has been stated that the construction of the building, by the petitioner, in the premises in question, does not satisfy the norms prescribed by the High Court appointed Monitoring Committee for the issuance of a completion certificate. Further, the stipulated charges had not been paid, as the building had been constructed, without the necessary planning permission, resulting in loss of revenue to the Government. Since, the construction put up by the petitioner is an unauthorised construction, as it is contrary to the development regulations, the Completion Certificate/No Objection Certificate cannot be given, in respect of the said building. As such, the relief sought for by the petitioner, in the present writ petition, is devoid of merits. Hence, the writ petition is liable to be dismissed. 7. In view of the averments made on behalf of the petitioner, and in view of the number of earlier orders passed by this Court, including the order, dated 27.3.2012, made in W.P.No.3384 of 2012, this Court finds it appropriate to direct the first and the second respondents to consider the request made by the petitioner, for the grant of water and sewerage connections, in respect of the premises in question, on the petitioner complying with the necessary requirements, as prescribed by the relevant provisions of law. On such compliance by the petitioner, the first and the second respondents shall consider the request made by the petitioner and pass appropriate orders thereon, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. However, it is made clear that, even if the water and sewerage connections are granted, by the first and the second respondents, as prayed for by the petitioner, it would not amount to the recognition or approval of the unauthorised construction, said to have been put up by the petitioner, in the premises in question. The writ petition is ordered accordingly. No costs.