Judgment :- 1. Heard Mr.S.Sundaresan, learned counsel appearing for the petitioner, Mr.P.Gunaraj, learned counsel appearing for respondents 1 to 5 and Mr.Tamilmani, learned counsel appearing for the 6th respondent. 2. The prayer in the writ petitions is to direct the respondents 1 to 5 in W.P.No.17036 of 2012 and Respondents 1 to 3 in W.P.No.17037 of 2012 to give Electricity Service Connection and Water and Sewerage Connection to the petitioner premises situated at New Door No.6, First Avenue, Shastri Nagar, Adayar, Chennai-600 020 comprised in T.S.No.1/2, Block No.29, Urur Village Mylapore and Taluk, Chennai-600 020, without insisting on Completion Certification from the Chennai Metropolitan Development Authority. 3. The building in this case is a multistoried building for which planning permission has been granted by the Chennai Metropolitan Development Authority for residential purpose. According to the petitioner, he has constructed basement, stilt + 15 floors. For the purpose of granting Electricity supply, water and sewerage connection, Chennai Metropolitan Development Authority has to issue Completion Certificate. 4. Accordingly, the Chennai Metropolitan Development Authority (CMDA) was directed to inspect the premises and give a report in terms of Division Bench Order passed earlier so as to find out whether there are any major violation in the constructed building. On a direction by this Court, the property was inspected by the Senior Planner, Chennai Metropolitan Development Authority, Chennai. The report dated 29.6.2012 has been filed by the Senior Planner setting out the following violations in paragraph 7 of the report which is extracted hereunder:- "(1) The building under reference violates height of building excess by 3.60 metres (i.e) 51.68 metres against the approval of 48.00 metres. (2) The total height of the structure of the building under reference violates excess by 6.21 metres (i.e.) 59.21 metres against 53.00 metres as per the approved plan. (3) The petitioner has not furnished the copy of receipt on the remittance of Infrastructure & Amenities Charges fully (100%) which is applicable at the time of issue of Planning Permission. (4) The car parking shortage by 29 car parking lots due to landscaping against the requirement with reference to approved plan. (5) The joinery works for the 10th Floor to 15th Floor were not completed. (6) The columns and the beamsraised at the Terrace Floor level is not allowed as per the Completion Certificate Norms. (4) The car parking shortage by 29 car parking lots due to landscaping against the requirement with reference to approved plan. (5) The joinery works for the 10th Floor to 15th Floor were not completed. (6) The columns and the beamsraised at the Terrace Floor level is not allowed as per the Completion Certificate Norms. (7) The height of entrance arch provided is only 4.70 metres which is less by 0.80 metre against the minimum requirement of 5.50 metres. " 5. On a perusal of the report, it appears that the building consists of Basement Floor Part + Stilt Floor + 15 floors of Residential Building with 30 Dwelling Units and the permission has been granted for construction of a Residential Building. The inspection report states that there is a marginal increase in the height viz., the height of the building is in excess 3.68 metres. As per the Inspection Report, serial No. 1 and 2 alone appears to be the main issue for the purpose of giving Completion Certificate. 6. The learned counsel for the petitioner relies upon Rule 28 of the Development Control Rules. Rule 28 runs as hereunder:- "28.Special rules for multi-storyed Buildings: (1) (a) Site Extent: - The minimum extent of site for constitution of multistoried buildings shall not be less than 1500 sqare metres. (b) Road width:- The site shall either abut on a road not less than 18 metres in width or gain access from public road not less that 18 metres in width through a part of the site which can be treated as an exclusive passage of not less than 18 metres in width. Provided further that multistoried building may be permitted with limitations on maximum FSI and maximum height of the building on a site abutting or gaining access from a public road of min. Provided further that multistoried building may be permitted with limitations on maximum FSI and maximum height of the building on a site abutting or gaining access from a public road of min. 12m/15m in width, or gain access from public road not less that 12m/15 metres in width through a part of the site which can be treated as an exclusive passage of not less than 12 m/15 metres in width, subject to compliance of the planning parameters stated in the Table under the sub rule (2) below:- (2) The extent of the site, FSI, Set back etc., for Multi-storeyed Building shall be regulated according to the table below:- Relying on the said Rule, the learned counsel for the petitioner contended that the height of the building does not exceed the height specified under Rule 28 of the Development Control Rules and therefore, the Chennai Metropolitan Development Authority has to condone it for grant of approval for the building so far as the said violation is concerned. In any event, it is within permissible limit. According to the petitioner, the height of the building is not on account of additional Floors but only on account of additional height of each floor to provide for better ventilation. Hence, there is no violation of FSI or change of user. 7. In such view of the matter, subject to the petitioner complying with the defects pointed out in the Inspection Report, the relief sought for can be granted, giving liberty to the Chennai Metropolitan Development Authority to ensure the rectification of defects pointed out in the Inspection Report. The respondents 1 to 5 in W.P.No.17036 of 2012 and the Respondents 1 to 3 in W.P.No.17037 of 2012 are directed to effect Electricity Service Connection, Water and Sewerage Connection to the petitioner premises situated at New Door No.6, First Avenue, Shastri Nagar, Adayar, Chennai-600 020 comprised in T.S.No.1/2, Block No.29, Urur Village Mylapore and Taluk, Chennai-600 020, without insisting on Completion Certification from the Chennai Metropolitan Development Authority, if the application is otherwise in order. However, in respect of other violations are concerned, the authorities are at liberty to take appropriate action as per law if warranted. 8. Both the writ petitions are disposed of on the above terms. No costs.