JUDGMENT C.S. KARNAN, J. 1. The short facts of the case are as follows:- The petitioners submit that they are the absolute owners of the property bearing Plot No. 111, Shanti Nagar, Chrompet and comprised in Old Survey No. 453, Patta Survey No. 453/2A1A1B situated in Zamin Pallavaram Village, Alandur Taluk, Kancheepuram District, measuring an extent of 5175 sq. feet as per registered sale deed dated 14.12.2011 executed by Mohammed Sikkander and M.N. Sultan Alaudeen and registered as Document No. 8101 of 2011 on the file of Sub-Registrar, Pallavaram. 2. The first petitioner further stated that he obtained the planning permission from the Chennai Metropolitan Development Authority and obtained approved plan for putting up construction of stilt + 3 floors of residential building on 15.04.2013. Similarly, the petitioners have obtained planning permission from the local body viz. Pallavaram Municipality on 07.06.2013. Accordingly, he has completed the construction as per the approved plan. After completion of the construction, he applied for Electricity Connection to the fourth respondent in the month of December 2013 and also paid the necessary charge on 20.12.2013. However, the fourth respondent is insisting upon the production of Completion Certificate/No Objection Certificate from the planning authorities namely CMDA, the fifth respondent herein. 3. He further submits that in response to the demand of 3rd and 4th respondents for effecting service connection to the building put up, the production of completion certificate no doubt is unwarranted under the Electricity Act, he approached the fifth respondent herein along with a request for issuance of completion certificate. It is relevant to state here that there are no major violations or usage violations and floor violations with regard to the building put up. The construction put up is almost in accordance with the planning permission. However, the fifth respondent replied that they will not issue no objection without any orders from this Court. He submits that without any option the petitioners herein is seeking direction in this writ petition for considering and effecting electricity service connection for the building put up at the above said address. The entire construction for the building was over as per the approved plan and there is no deviation and there is no floor violation. The petitioner is suffering without grant of service connection as the third respondent insist upon the production of Completion Certificate/No Objection Certificate from the planning authorities namely CMDA the fifth respondent herein. The entire construction for the building was over as per the approved plan and there is no deviation and there is no floor violation. The petitioner is suffering without grant of service connection as the third respondent insist upon the production of Completion Certificate/No Objection Certificate from the planning authorities namely CMDA the fifth respondent herein. 4. He submits that while considering the various orders passed by this Court in similar circumstances, the deviations are minimal and for that reason the fifth respondent should not reject the request for completion certificate. Anyhow under the provisions of Electricity Act, nowhere it is contemplated that the application for service connection should be accompanied by a completion certificate issued by the planning authority. Such being the case the insistence of the completion certificate by the respondents 1 to 4 for effecting service connection is against the principles of law and violative of provisions of the Act. The fifth respondent is always entitled to initiate any action with regard to deviations if so, as provided under the Town and Country Planning Act. He submits that the insistence of completion certificate by the respondents 1 to 4 through some resolution passed by the authorities in August 2012 on the basis of Judgment of this Court in the regularization scheme Batch is not legally valid and the same is against the provisions of Electricity Act. Even in the G.O. issued in the year 2004, the Government instructed the Electricity Board to provide Service Connection if they otherwise satisfy the Electricity Board to provide Service Connection and if they otherwise satisfy all the Rules and Regulations without insisting upon completion certificate from the planning authorities. On account of delay in providing the service connection, the petitioners and his family members are not able to occupy the said building and this causes enormous amount of hardships and sufferings. 5. The petitioners submit that the electricity is a basic amenity for the purpose of living and withholding the same without any valid reasons on the part of the authorities is illegal. The statutory legal demands made by the respondents 1 to 4 are met with by the petitioners but they are not willing to perform the statutory duties. 5. The petitioners submit that the electricity is a basic amenity for the purpose of living and withholding the same without any valid reasons on the part of the authorities is illegal. The statutory legal demands made by the respondents 1 to 4 are met with by the petitioners but they are not willing to perform the statutory duties. He was advised to submit that even in the Electricity Act, compensation can be claimed in the event of failure on the part of the authorities in providing service connection within the time limit. He submits that the circular dated 22.11.2006 issued by the Tamil Nadu Electricity Board clarifies the supply of electricity to ordinary building and special building, which reads as follows: “In future newly constructed building have to be classified as follows:- (i) Individual constructions and Individual constructions his/her own building or buildings for his/her residential premises or non residential premises. (ii) Special buildings and multi storied building. Special building means – Buildings with ground floor + three floors (four floors) in total. Multi storied building means – Buildings constructed with more than four floors.” From the above reading it is made clear that his building is an ordinary building and completion certificate is not necessary. 6. He further states that the circular issued by the CMDA dated 18.3.2013 to the first respondent and the same is read as follows:- “With reference to your letter in the reference 3rd cited, requesting clarification on the definition of Special and Multi-storied buildings, the following clarification is furnished. It is clarified that the basement floor + Stilt Floor are not treated as floors for the purpose of calculating number of floors. Hence the two floors mean Ground Floor + First Floor or Stilt Parking Floor + Two Floors irrespective of provision of Basement Floor. It is further clarified that in some cases, the applicants opt for part of the regular floor and part of the stilt floor parking at the ground floor level. In such cases the ordinary building with reference to number of floors consist of ground floor (in ground floor level with stilt for parking and part will be for habitable use) first floor and second floor (part) over the area of stilt floor (Part) at the ground level. Thus the applicants are permitted to construct the second floor as part only on the portion approved as stilt floor (Part). Thus the applicants are permitted to construct the second floor as part only on the portion approved as stilt floor (Part). As long as the building conforms to this profile, it is considered as an ordinary building. For easy reference, it is further suggested that the profile/plan view of the building should be seen whether any part of the building exceeds ground floor + first floor or stilt floor + 2 floors.” 7. He submits that as stated supra he had approached the 3rd and 4th respondents to receive and consider his application for providing electricity supply. But the fourth respondent received his application and informed him that he will not consider it unless he encloses the No Objection Certificate/Completion Certificate from the fifth respondent. Hence, he has moved this writ petition before this Court. He submits that under similar circumstances this Court has directed to provide electricity by the authorities within a reasonable time. He had no other effective alternative remedy except to approach this Court under Article 226 of the Constitution of India. He came to understand that in similar circumstances, this Court was pleased to direct the Board authorities to provide E.B. Service Connection pursuant to the circular issued by the CMDA by order dated 17.04.2013 in W.P. No. 6973 of 2013 and W.P. No. 9989 of 2013 by order dated 18.04.2013. 8. The petitioner additionally added that the building in question was made ready for occupation of the respective plot owners as early as November 2013. For want of electricity connection, they could not occupy their respective plots and they are put into hardship, hence the above writ petition has been filed, without insisting upon completion certificate. 9. The second respondent has filed a counter statement on behalf of 1st, 3rd and 4th respondents and himself. The respondents submit that the petitioner had filed the above writ petition praying issuance for a writ of Mandamus or any other appropriate writ or direction in nature directing the respondents 1 to 4 to receive, process and consider the application of the petitioner and provide electricity service connection to the building put up by the petitioner in Plot No. 111, Shanti Nagar, Chrompet, comprised in Old Survey No. 453, Patta Survey No. 453/2A1A1B, without insisting on Completion Certificate/ No Objection Certificate from the fifth respondent. 10. 10. He further states that pursuant to the order of the 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 the Completion Certificate/No Objection Certificate from the CMDA in case of a 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 from the CMDA in case of special building and multi storied building and hence in the case of the above writ petitioner 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 + 3 Floors, residential building and accordingly had secured the planning permission and plan permission from CMDA the fifth respondent herein and for the said residential building and hence the writ petitioner was instructed to submit the application in the proper format along with the necessary required documents and the Completion Certificate/No Objection Certificate obtained from CMDA since the said building is categorized as special building and multi storied residential building. 11. He further states that the third respondent Assistant Engineer, O & M, TANGEDCO, Chrompet, Chennai-44 had received nine applications requesting service connections for the building put up by the writ petitioner in Plot No. 111, Shanthi Nagar, Chrompet, comprised in Old Survey No. 453, Patta Survey No. 453/2A1A1B, from the writ petitioners and registered as Reg. Nos. 24812132178 to 24812132186 and received the Registration fee of Rs. 50/- each and work order in this regard and sanction order wide No. 626/A54/139/1 dated 11.12.2013 and orally communicated the same and the writ petitioners paid a sum of Rs. 6,900/- each towards Meter Caution Deposit, Development Charges and Current Consumption Deposit vide Receipt Nos. Chs. 293AR3S2591 dated 20.12.2013 to Chs. 293AR3S2599 dated 20.12.2013 and the writ petitioners submitted an undertaking that they would provide the No Objection Certificate/Completion Certificate obtained from the fifth respondent CMDA and hence the further extension work was done by establishing a Transformer so as to effect the service connections for the said building. Chs. 293AR3S2591 dated 20.12.2013 to Chs. 293AR3S2599 dated 20.12.2013 and the writ petitioners submitted an undertaking that they would provide the No Objection Certificate/Completion Certificate obtained from the fifth respondent CMDA and hence the further extension work was done by establishing a Transformer so as to effect the service connections for the said building. He further states that a letter addressed to the writ petitioners requesting the production of the Completion Certificate/No Objection Certificate obtained from the fifth respondent CMDA also sent to the writ petitioners since the writ petitioners requested the electricity connections for their building which is a multi storied building consisting of Stilt + 3 Floors, residential building. He further states that as per the proviso of the Development Control Rules the writ petitioners have to produce the Completion Certificate/No Objection Certificate obtained from the CMDA so as to get the electricity supply as per the sub regulation 27(16)(a) of Tamil Nadu Electricity Distribution Code 2004 and hence the TANGEDCO cannot consider the request of the writ petitioners without submitting the Completion Certificate/No Objection Certificate from the fifth respondent CMDA as per the undertakings given by the writ petitioners. He further states that as stated above, unless otherwise the writ petitioners produce the Completion Certificate/No Objection Certificate from the fifth respondent CMDA the TANGEDCO is not in a position to effect the service connections to the petition premises and hence there is no merit in the above writ petition and the same is liable to be dismissed in limini. 12. The fifth respondent filed a counter statement stating that the petitioner filed writ petition to issue Writ of Mandamus or any other appropriate Writ or Direction directing the respondents 1 to 4 herein to receive, process and consider the application of the petitioner and provide Electricity Service Connection to the building put up by the petitioners in Plot No. 111, Shanthi Nagar, Chrompet and comprised in Old Survey No. 453, Patta Survey No. 453/2A1/1A1B without insisting upon Completion Certificate/No Objection Certificate from the fifth respondent (CMDA). He further submits that Thiru. P. Rajesh and Tmt. He further submits that Thiru. P. Rajesh and Tmt. R. Swathy have obtained Planning Permission for the construction of Stilt Floor + 3 Floors Residential Building with 8 Dwelling Units at Plot No. 111, Door No. 111, Vaishnava College Road, Shanthi Nagar, Chrompet, Chennai-44 in Old S. No. 453, New S. No. 453/2A1/1A1B, T.S. No. 8, Block No. 12, Ward No. D, Zamin Pallavaram Village vide PP No. B/Spl.Bldg./112/2013 in letter No. B2/17371/2012 dated 15.4.2013. 13. He further submits that the applicant has applied for completion certificate application to CMDA on 26.2.2014 for the above site under reference. The site was inspected on 11.3.2014 after examination and the CC application was rejected due to not satisfying CC Norms in CMDA letter No. EC/CCW/S/3102/2014 dated 25.3.2014. Further, a Show Cause Notice was issued in letter even No. dated 09.05.2014 for forfeiture of Security Deposit for the building and display board and the same was forfeited in letter even No. dated 04.07.2014. Based on the writ petition, the constructed building was inspected on 05.08.2014 by CMDA officials and observed that Stilt Floor + 3 Floors Residential Building with 8 Dwelling Units has been completed and not occupied. Inspection Report The building measurements Set back measurements/deviations with reference to approved plan and Completion Certificate Norms are put up below:- S. No. Descrip tion Dimension as per approved plan Dimension as on site Extent of Deviation violation Tolerance limit as per C.C. Norms Whether satisfies C.C. Norms % of violation 1. Dimension of the Building Length 28.60m 29.20m Excess by: 0.60m 0.30m No 2.10% Width 8.69 m 9.45 m Excess by: 0.76m 0.30m No 8.74% 2. Setback Details (a) SSB-West 2.51 m 2.10 m Less by: 0.41 m 0.30 m No 16.33% 2.51 m 2.00 m Less by: 0.51 m 0.30 m No 28.032% 3. FSI 1.497 1.868 Excess by: 0.371 (178.05 sq. mt.) 0.03 (or) 50 sq. mt. No 24.73% 4. No. of Floors Stilt Floor + 3 Floors Stilt Floor + 3 Floors --- --- Yes --- 5. No. of dwelling Units 8 Nos. 8 Nos. --- --- Yes --- 6. Car Parking 7 Nos. 3 Nos. Less by: 4 Nos. --- No Due to changes 14. mt.) 0.03 (or) 50 sq. mt. No 24.73% 4. No. of Floors Stilt Floor + 3 Floors Stilt Floor + 3 Floors --- --- Yes --- 5. No. of dwelling Units 8 Nos. 8 Nos. --- --- Yes --- 6. Car Parking 7 Nos. 3 Nos. Less by: 4 Nos. --- No Due to changes 14. He further submits that in view of the above, the construction made at site does not satisfy the CC Norms prescribed by this Court appointed Monitoring Committee in respect of Length and Width and setbacks at SSB (West), FSI and Car Parking. The major violations are as follows:- (i) Length and width of the building increased more than the permissible limit of CC Norms. (ii) Setback violations. (iii) FSI violation excess area constructed is 178.05 sq. mt. which is more than the permissible limit of 50 sq. mt. as per CC Norms. (iv) Minimum required 3.00 m wide driveway is not available. (v) Due to the changes in the column position and introduction of new columns in the stilt floor, turning radius in the driveway is not feasible. (vi) Column position, spacing and dimensions were modified from the approved plan, which is deviation to the approved plan. (vii) Septic tank with up flow filter was not constructed at site. Hence, the Completion Certificate is not issuable to the constructed building in the site under reference. As per DR, 5(a) Completion Certificate Norms: “Any person, who is acquiring interest shall not put the building to use without obtaining Completion Certificate from CMDA for Special Buildings, Group Developments, Multistoreyed Buildings and Institutional Building and such order developments as may be notified by the CMDA from time to time.” 15. In the above said circumstances, Chennai Metropolitan Development Authority humbly prays this Court to dismiss the writ petition. 16. The highly competent counsel Mr. K. Sasindran appearing for the petitioner submits that the petitioner and his wife are the absolute owners of the property bearing Plot No. 111, Shanti Nagar, Chrompet, Alandur Taluk, they obtained planning permission from the fifth respondent herein and constructed stilt + 3 floors of residential building, besides the petitioners have obtained planning permission from the Pallavaram Municipality. They applied for electricity connection to the fourth respondent in the month of December 2013 and also remitted the necessary charges. They applied for electricity connection to the fourth respondent in the month of December 2013 and also remitted the necessary charges. Now, the respondents 1 to 4 insisted on the petitioner to produce No Objection Certificate from the fifth respondent, which is unwarranted. Further the building has been constructed without any deviation or violation. The constructed plots have been sold to various persons, now the plot owners and the petitioners would not occupy the same without electricity service connection. Hence, the highly competent counsel entreats the Court to allow the above writ petition. 17. The very competent counsel Mr. P. Gunaraj appearing for the respondents 1 to 4 submits that as per this Courts first bench order, 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 the No Objection Certificate from the fifth respondent herein. Further, the petitioners have constructed multi storied building, therefore, without production of completion certificate, the electricity service connection shall not be granted. The third respondent has received nine applications from the plot owners of the buildings, however, they have not produced the No Objection Certificate which is required as per the Sub-Regulation 27(16)(a) of Tamil Nadu Electricity Distribution Code 2004. Therefore, the applications for electricity service connection remains incomplete. Hence, the very competent counsel entreats the Court to dismiss the above writ petition. 18. The highly competent counsel Mr. A. Kumar, appearing for the fifth respondent submits that the petitioners have obtained planning permission for the construction of eight dwelling units for residential purpose. The petitioners had applied for completion certificate to the fifth respondent, who inspected the building on 11.03.2014 and found that there is a violation and also deviation, hence these applications were rejected, therefore show cause notice was issued regarding the violations. The completion certificate is required by law. Hence, the very competent counsel entreats the Court to dismiss the above writ petition. 19. From the above discussions, this Court is of the view:- (i) The petitioners have constructed stilt floor + 8 dwelling units after obtaining necessary building plan. Now nine plot owners applied for new electricity service connection which is the most basic amenity for occupying the respective flats. In construction of the huge buildings, heavy building material etc. 19. From the above discussions, this Court is of the view:- (i) The petitioners have constructed stilt floor + 8 dwelling units after obtaining necessary building plan. Now nine plot owners applied for new electricity service connection which is the most basic amenity for occupying the respective flats. In construction of the huge buildings, heavy building material etc. is used for constructing the same, as such the completed buildings should be immediately occupied in order to save on economy by the respective owners. (ii) If any deviation or violation committed by the petitioners, the same can be rectified at any time in future. If any delay comes about through non-occupation, the owners of the property are the sufferer. (iii) This Court granted relief in a similar case to the petitioner to provide electricity service connection without insisting on the production of No Objection Certificate. This order has been passed in writ petition No. 32995 of 2013. The respective writ petition order has become final. Therefore, the writ petition should follow in similar fashion. 20. Considering the facts and circumstances of the case and arguments advanced by the learned counsels on either side, this Courts view mentioned above in (i) to (iii), the above writ petition is allowed. Consequently, this Court directs the respondents 1 to 4 herein to provide electricity service connection to the building put up by the petitioner in Plot No. 111, Shanti Nagar, Chrompet and comprised in Old Survey No. 453, Patta Survey No. 453/2A1A1B without insisting upon completion certificate/No Objection Certificate from the fifth respondent within a period of 15 days from the date of receipt of this order, after obtaining necessary application together with the charges. The fifth respondent is at liberty to initiate legal action in the event of any violation perpetrated over the said building. 21. In the result, the writ petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.