Judgment : 1. The short facts of the case are as follows:- The writ petitioner submits that he is the developer of the property bearing Survey Nos.104/206 and 104/207 of Okkiyam Duraipakkam Village. Further, he had applied and obtained sanction plan from the fifth respondent herein / CMDA, vide permit No.6807, file No.B2/4779/2011, dated 10.10.2011 for construction of stilt + 4 floors of residential buildings with 12 dwelling units. He had also obtained building permit from the Chennai Corporation on 22.03.2012, vide permit No.CEBA/CD/15/00140/2012, and had accordingly commenced and completed the constructions in accordance to the said sanctioned plan. In order to effect electricity service connection, when he had approached the office of the fourth respondent with application and necessary charges, the fourth respondent insisted upon production of completion certificate/no objection certificate from the fifth respondent to even receive his application and accordingly, refused to receive the same. 2. The petitioner was made to understand that the Tamil Nadu Electricity Board / respondents 1 to 4 are demanding completion certificate from the CMDA, due to an observation made by the Hon'ble Division Bench of this Court in a case initiated by consumer action group and others against the regularization scheme of the Chennai Metropolitan Development Authority. The petitioner additionally added that but for that observation by the Hon'ble Division Bench, there is no corresponding legislative enactment or amendment in the Electricity Act, warranting or justifying such a demand of completion certificate / no objection certificate from the CMDA. In fact, earlier in the year 2002, there was a State Amendment to demand completion certificate / no objection certificate for effecting electricity service connection, but later the same was withdrawn vide G.O.Ms.No.112 Energy (B1), dated 05.07.2004, whereby, the Tamil Nadu Electricity Board was directed not to insist on completion certificate / no objection certificate from the CMDA with effect from 10.06.2003 as the said condition was inconsistent and contrary to the Central Act as the electricity supply is in the concurrent list of the Indian Constitution. 3. The petitioner further submits that at present, the Tamil Nadu Electricity Board started demanding completion certificate / no objection certificate for providing service connection without any such specific amendment to the enabling provision, viz., Section 43 of the Electricity Act, 2003 (Central Act 36 of 2003). 3. The petitioner further submits that at present, the Tamil Nadu Electricity Board started demanding completion certificate / no objection certificate for providing service connection without any such specific amendment to the enabling provision, viz., Section 43 of the Electricity Act, 2003 (Central Act 36 of 2003). The subject building is strictly in accordance with the sanctioned plan accorded and in conformity to the exemption stipulated under the balcony size in the first floor level and slight corresponding excess in the floor space, as per the Rules enacted by the CMDA. The petitioner additionally added that but for the above said facts, there is no major floor violation or excess in FSI nor any difference in usage building, warranting denial of power supply as held by the same Division Bench in W.A.No.1102 of 2007, in appeal filed by the Tamil Nadu Electricity Board, whereby the said appeal was dismissed as the deviations complained are minor in nature in the absence of floor violation by order dated 04.09.2007. 4. The petitioner further submits that following the Division Bench of this Court, this Court was pleased to consider several writ petitions after perusing the inspection report of the CMDA, depending upon the nature of deviations at the time of considering their applications for completion certificate and one such recent order was passed in W.P.No.5661 of 2013, dated 20.04.2013. Even in the decision rendered by this Court in W.P.No.2219 of 2012, dated 26.07.2012 and in W.P.No.3848 of 2012, dated 01.08.2012, this Court was pleased to decide against the Tamil Nadu Electricity Board, that in the absence of such provisions under their Act and Distribution Code, they are not justified in making a demand of completion certificate from Chennai Metropolitan Development Authority for providing electricity service connection and allowed those writ petitions. Neither the Tamil Nadu Electricity Board nor the Chennai Metropolitan Development Authority have preferred any appeal against such decisions and had effected electricity to those petition premises, without insisting on production of completion certificate/no objection certificate from the Chennai Metropolitan Development Authority. Due to such unjustified demand by the Tamil Nadu Electricity Board, the petitioner is unable to get basic amenity so as to put the building to usage effectively as at present he had occupied the same, with temporary service connection which is of enormous commercial tariff for his residential building. Due to such unjustified demand by the Tamil Nadu Electricity Board, the petitioner is unable to get basic amenity so as to put the building to usage effectively as at present he had occupied the same, with temporary service connection which is of enormous commercial tariff for his residential building. Hence, the writ petitioner has filed the above writ petition for a direction. 5. The second respondent, viz., the Superintending Engineer has filed a counter statement for himself and on behalf of the respondents 1, 3 and 4 stating that pursuant to the order of Hon'ble First Bench, a High Level Committee had been constituted and as per the recommendations of the High Level Committee, the electricity service connection shall not be granted without the production of Completion Certificate/No Objection Certificate from the C.M.D.A in a case of special building and multi storied building and consequent to the recommendation of the High Level Committee, the Development Control Rules has 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 form the CMDA in case of special building and multi storied building and hence, in the case of the above writ petition, the electricity service connection shall not be granted without the production of Completion Certificate obtained from the CMDA as the petitioner's building is a multi storied building consisting of stilt + 4 Floors with 12 dwelling units. 6. The second respondent further submits that the building in question where the service connection is sought for is a multi storied building consisted of stilt + 4 floors with 12 dwelling units and hence, as per the Regulation 27 (16)(a) of the Distribution Code 2004 and the provisions of Development Control Rules, the writ petitioner has to get and produce the completion certificate / no objection certificate from the CMDA so as to get the electricity supply and hence, there is no merit in the above writ petition and the same is liable to be dismissed in limini. 7. The highly competent counsel, Mr.D.S.Raja Sekaran submits that the petitioner is a builder and developer who had obtained building sanction plan from the CMDA and also obtained building permit from the Chennai Corporation. 7. The highly competent counsel, Mr.D.S.Raja Sekaran submits that the petitioner is a builder and developer who had obtained building sanction plan from the CMDA and also obtained building permit from the Chennai Corporation. As per the sanctioned plan, the petitioner has constructed the building in Survey No.104/206 and 104/207 of Okkiyam Duraipakkam Village, without any violation or deviation. Now, the building is ready for occupation. Under the circumstances, the petitioner approached the Electricity Board for getting service connection. The Tamil Nadu Electricity Board refused to receive his application and also insisted upon production of completion certificate / no objection certificate from the CMDA. As per the G.O.Ms.No.112, issued by the Tamil Nadu Electricity Board, it was directed not to insist on completion certificate / no objection certificate from CMDA with effect from 10.06.2003 and this is still in force. Further, this Court had passed several judgments in several writ petitions, wherein, this Court observed that the no objection certificate / completion certificate is not required for getting new electricity service connection. The very competent counsel has cited a judgment in W.P.No.18314 of 2013, dated 26.08.2013 and the operative portion of which, reads as follows:- "9. In view of the undertaking given by the petitioner, the writ petition is allowed, directing the first respondent to give electricity connection forthwith to the 12th block situated at Jalladianpet Village, Sholinganallur Taluk, off Perumbakkam Main Road, Jalladianpet, Chennai-100, particularly, when the CMDA has filed its inspection report stating that there is no deviation so far as the construction of 12th block is concerned. No costs." 8. The very competent counsel, Mr.P.Gunaraj appearing for the respondents 1 to 4 submits that pursuant to the order of the Hon'ble First Bench of this Court, a High Level Committee had been constituted and as per the recommendations of the High Level committee, the electricity service connection shall not be granted without production of completion certificate / no objection certificate from the CMDA, in case of special building and multi storied buildings and consequent to the recommendation of the High Level Committee, the Development Control Rules has been amended. 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 storied building and hence, the writ petitioner is not entitled to receive electricity service connection without production of completion certificate/no objection certificate. The G.O.Ms.No.112, issued by the Electricity Board is applicable only for ordinary building and in the instant case, the G.O. is not covered. 9. The highly competent counsel, Mr. Karthikeyan appearing for the fifth respondent submits that the production of completion certificate / no objection certificate from the fifth respondent is required by law and also required as per this Hon'ble Division Bench's order. The petitioner himself had admitted in his affidavit that there is no major violation or major division. As such, it is evident that the building has not been constructed as per the sanctioned plan. Therefore, it is prayed to dismiss the above writ petition. 10. On considering the facts and circumstances of the case and arguments advanced by the learned counsels on all sides and on scrutiny of the affidavit of the petitioner, counter of the respondent and on taking into account the judgments passed by this Court in W.P.No.18314 of 2013, dated 26.08.2013, which is squarely applicable in the instant case, this Court is inclined to allow the above writ petition. 11. This Court directs the respondents 1 to 4, to receive, process, consider and accord Electricity connection to the building and common area of the building put up by the petitioner comprised in Plot No.III and IV, Anandhan Nagar (CMDA approved PPD / LONo.63/87) comprised in Survey No.104/2A as per patta Survey No.104/206 and 104/207 of Okkiyam Duraipakkam Village, without insisting on production of completion certificate / no objection certificate from the fifth respondent / CMDA, within 15 days from the date of receipt of his application. However, it is open to the fifth respondent / CMDA to take action against the petitioner, if there is any violations or deviation in the construction put up by the petitioner. 12. In the result, the above writ petition is allowed with the above observations. There is no order as to costs.