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Madras High Court · body

2014 DIGILAW 1870 (MAD)

K. Sreenivasa Rao v. Chairman, Tamil Nadu Electricity Board

2014-07-02

C.S.KARNAN

body2014
Judgment : 1. The short facts of the case are as follows:- The writ petitioner submits that he has constructed stilt + 3 floors with 6 dwelling units of residential building after obtaining sanction from the fourth respondent office vide PPA No.B/Spl/BLDG/94/2013, dated 22.03.2013. As per the plan, the building has been constructed. In order to get electricity service connection, he had approached the respondents 1 to 3 for new electricity service connection for the said building, situated at R.S.No.620/158, Block No.36, Nungambakkam Village, Plot No.71, Old Division No.5, New Division No.9, Ramanathan Street, Mahalingapuram, Chennai - 600 034. The third respondent / Assistant Engineer (O & M) while processing his application, had insisted upon production of no objection certificate / completion certificate from the fourth respondent herein. 2. The petitioner additionally added that the said demand of completion certificate / no objection certificate is in pursuant to an observation by the Hon'ble Division Bench of this Court in a regularization of batch cases. Further, the petitioner had constructed the said building on the strength of sanction plan issued by the fourth respondent herein. As such, the demand of the respondents 1 to 3 for production of no objection certificate / completion certificate is an arbitrary one. Further, there is only a minor deviation which do not in any manner affect the structural stability or in gross violation of the Development Control Rules and the same has been done for satisfying the additional needs of the purchasers. Further, the respondents 1 to 3 had followed this Court's judgment and effected new service connection to the consumers, without insisting on the no objection certificate / completion certificate. If any violation or minor deviation exists over the said building, the fourth respondent is the competent authority to initiate legal action against the petitioner, if any. Hence, the writ petitioner entreats the Court to directs the respondents to give electricity service connection to his residential building. 3. The highly competent counsel, Mr.R.Karunagaran submits that the fourth respondent, viz., CMDA has granted building plan for construction of the said building on 22.03.2013 vide proceedings No. PPA No.B/Spl/BLDG/94/2013. Accordingly the building has been constructed. Now, the said building is ready for occupation by the occupants. If any minor violation or minor deviation exists, that can be rectified at any stage. However, the electricity supply is a basic amenity to the occupants. Accordingly the building has been constructed. Now, the said building is ready for occupation by the occupants. If any minor violation or minor deviation exists, that can be rectified at any stage. However, the electricity supply is a basic amenity to the occupants. The respondents 1 to 3 are responsible persons to receive the petitioner's application for providing new electricity service connection without insisting on completion certificate / no objection certificate. Further, if any violation is there, the fourth respondent is the competent authority to take any legal action. The learned counsel in support of his case has cited two judgments in W.P.Nos.11419 of 2013 and 27845 of 2013. The operative portion of writ petition in W.P.No.11419 of 2013 reads as follows:- "5. In view of the same, I direct the competent Electricity Department respondents to provide electricity service connection to the petitioner's premises on her applying for such connection with relevant documents. The said exercise has to be carried out within a period of four weeks from the date when the petitioner approaches the competent respondents with an application form along with required documents. The writ petition stands ordered accordingly. However, the CMDA, the fourth respondent, is at liberty to take action against the petitioner for putting up construction if any, deviating the planning permission. There is no order as to costs." The operative portion of writ petition in W.P.No.27845 of 2013 reads as follows:- "8. Having regard to the submission of the learned standing counsel for TNEB that the clarificatory letter dated 18.03.2013 squarely applies to the case of the writ petitioner, and also of the fact that there is no violation of terms and conditions of the approved planning permission, this Court is of the view that, in the light of Section 43 of the Electricity Act and the provisions of the Tamil Nadu Electricity Distribution Code, 2004, it is incumbent on the part of respondents 1 to 4, to provide electricity connection to the premises of the petitioner, situated at Plot No.A2, comprised in Old Survey No.84/4, New Survey No.24/1, Noombal Puliyampedu Village, Ambathur Taluk, Thiruvallur District, without any delay. They have already received necessary charges as stated above. They have already received necessary charges as stated above. Therefore, the Assistant Executive Engineer, O & M, TANGEDCO, Thiruverkadu, Chennai, third respondent herein, and the Assistant Engineer, O & M, TANGEDCO, Puliyampattu, Chennai / fourth respondent herein, being the competent / field officers to provide electricity service connection, are directed to provide electricity service connection to the above said premises of the petitioner, without insisting upon the completion certificate from the fifth respondent / CMDA, within a period of three weeks from the date of receipt of a copy of this order." 4. The very competent counsel, Mr.P.R.Dilip Kumar appearing for the respondents 1 to 3 vehemently argued that the Hon'ble First Bench of this Court had passed an order and as per this order, a High Level Committee had been constituted and as per the recommendation of the High Level Committee, the electricity service connection shall not be granted without the production of the completion certificate / no objection certificate for the CMDA in case of a special building and multi-storeyed building and consequent to the recommendation of the High Level Committee, the Development Control Rules have been amended and as per the amended provisions of the Development Control Rules, the electricity service connection shall not be granted without the production of completion certificate obtained from the CMDA, in case of special building and multi-storeyed buildings. Hence, in the case of the above writ petitioner, the electricity service connection shall not be provided without production of completion certificate obtained from the CMDA, as the petitioner's building is a multi-storeyed building consisting of stilt + 3 floors with 6 dwelling units as per plan permission from CMDA, the fourth respondent herein. Therefore, the respondents 1 to 3 have instructed the petitioner to submit his application along with necessary documents and the completion certificate / no objection certificate obtained from CMDA, since the said building is categorized as special building and multi-storeyed residential building. 5. The very competent counsel, Mr.A.Kumar, appearing for the fourth respondent submits that the petitioner himself admits that there is violation over the said building. As such, the petitioner has no right for getting new electricity service connection from the respondents 1 to 3 since the petitioner has violated the conditions of the building plan which has been granted by the fourth respondent herein. As such, the petitioner has no right for getting new electricity service connection from the respondents 1 to 3 since the petitioner has violated the conditions of the building plan which has been granted by the fourth respondent herein. Further, the petitioner's personal and fundamental rights had not been violated by the respondents 1 to 3, since the petitioner's claim had been rejected only because it was not in order. 6. Per contra, the very competent counsel, Mr.R.Karunagaran submits that as per the judgments passed by this Court in similar cases, the respondents/ electricity board, had complied with this Court's order and carried out the same, by way of providing new electricity service connection. As such, the petitioner is also entitled to get similar relief. 7. On considering the facts and circumstances of the case and arguments advanced by the learned counsels on either side and on scrutiny of the planning permit issued to the petitioner and on taking into account judgments passed by this Court in W.P.No.11419 of 2013 and W.P.No.27845 of 2013, which is squarely applicable in the instant case, this Court directs the respondents 1 to 3 to receive the petitioner's application, process it and effect electricity service connection to his residential building situated at Plot No.71, Old Division No.5, New Division No.9, Ramanathan Street, Mahalingapuram, Chennai -600 034, without insisting on completion certificate / no objection certificate from the fourth respondent / CMDA, within a period of four weeks from the date of receipt of his application. However, the CMDA, the fourth respondent herein, is at liberty to take action against the petitioner for putting up construction if any, deviating the planning permission. 8. With the above direction, the writ petition is disposed of. There is no order as to costs.