Chennai Metropolitan Development Authority represented by its Member Secretary v. E. G. B. Builders and Architects rep. by E. Ravhichadran
2013-02-27
M.JAICHANDREN, M.M.SUNDRESH
body2013
DigiLaw.ai
Judgment :- M. Jaichandren, J. 1. This writ appeal has been filed against the order of the learned single Judge of this Court, dated 18.9.2009, in W.P.No.17897 of 2009. 2. By the order, dated 18.9.2009, the learned single Judge, following an earlier order of the Division Bench of this Court, had directed the petitioner to approach the respondents 1 to 5 with an application, along with the necessary documents, for obtaining the electricity service connection, for the premises situated at plot No.40, New No.22, Old No.21, R.S.No.434/56 Block No.23, Bharathi Road, Perambur, Chennai-11. A further direction had been issued directing the respondents 1 to 5 to consider the application to be filed by the petitioner, in accordance with law, without insisting on the production of the completion certificate/No Objection Certificate, from the sixth respondent. Liberty had been granted to the sixth respondent to take appropriate action, if it intends to do so, if there are any deviations in the construction of the building in question. 3. The learned counsel appearing on behalf of the appellant had submitted that there are certain deviations in the construction of the building in question and therefore, liberty may be granted to the appellant to take appropriate action to rectify the deviations, as per law. 4. Per contra, the learned counsel appearing on behalf of the first respondent had submitted that there are no major deviations in the construction of the building in question. He had further submitted that the electricity service connection had been given to the flat owners in the building in question, pursuant to the directions issued by this Court, by its order, dated 18.9.2009, in W.P.No.17897 of 2009. Therefore, the present writ appeal is devoid of merits and therefore, it is liable to be dismissed. 5. In view of the submissions made by the learned counsels appearing for the parties concerned and on a perusal of the records available, it is noted that there are certain deviations in the construction of the building. However, pursuant to the directions issued by this Court, by its order, dated 18.9.2009, in W.P.No.17897 of 2009, electricity service connection had been given to those, who are occupying the building in question. As such, we are of the view that there are no merits in the present writ appeal. Hence, it stands dismissed.
However, pursuant to the directions issued by this Court, by its order, dated 18.9.2009, in W.P.No.17897 of 2009, electricity service connection had been given to those, who are occupying the building in question. As such, we are of the view that there are no merits in the present writ appeal. Hence, it stands dismissed. However, it is made clear that it would be open to the appellant to initiate appropriate action, with regard to the deviations, if any, in the construction of the building in question, as per law. No costs.