High CourtsSingle Bench(2013) 07 MAD CK 0121

R. Anbazhaghi Mohan, M. Gopikrishnan, M. Ganesh and M. Bharath vs The Executive Engineer, The Assistant Engineer, Member Secretary, Chennai Metropolitan Development Authority and The Commissioner, Corporation of Chennai

Madras High Court · Decided on 23 July 2013

HON’BLE JUDGES
D. Hariparanthaman, J
RESULT
Allowed
CASE NUMBER
W.P. No. 20162 of 2013

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Judgment

23 paragraphs · 408 words

D. Hariparanthaman, J.—The petitioners put up construction with stilt and two floors at Plot Nos. 7A and 7B bearing Old Door No. 7,

New Door No. 6 Dr. Ambedkar Street, Gandhi Nagar, Saligramam, Chennai 93. They obtained planning permission from the fourth respondent

for putting up construction with stilt and two floors. For construction of this nature, there is no necessity to get planning approval from the Chennai

Metropolitan Development Authority. After completion of the construction, the petitioner approached the second respondent for electricity service

connection.

2.

The second respondent passed the impugned order dated 26.6.2013 refusing to grant service connection on the ground that the petitioner has

not produced the completion certificate from the competent authority. Hence, the petitioners have filed this writ petition to quash the impugned

order dated 26.6.2013 and for consequential direction to the respondents 1 and 2 to provide three Phase Electricity Service Connections at Plot

Nos. 7A and 7B bearing Old Door No. 7 New Door No. 6 Dr. Ambedkar Street, Gandhi Nagar, Saligramam, Chennai 93.

3.

Heard both sides.

4.

The learned counsel for the petitioners, relying on letter No. EC1/15998/Spl./2012, dated 18.3.2013 of the Chennai Metropolitan Development

Authority, submitted that in the case of ordinary building, no completion certificate is necessary for getting electricity service connection. He further

submitted that only in the case of special building, completion certificate is necessary for getting electricity service connection.

5.

I have considered the submissions made on either side.

6.

The relevant passage from the letter No. EC1/15998/Spl./2012, dated 18.3.2013 is extracted hereunder:--

It is clarified that for the buildings approved as an ordinary building by the Local Bodies, Completion Certificate need not be insisted for providing

service connections, as of now, as the Local Bodies do not issue Completion Certificate for the ordinary buildings issued by them.

7.

The learned counsel for the Chennai Metropolitan Development Authority has submitted that the concerned building is not a special building.

8.

In these circumstances, as per letter dated 18.3.2013 of the Chennai Metropolitan Development Authority no completion certification is

necessary for getting electricity service connection.

9.

Hence, the impugned order dated 26.6.2013 is quashed and a direction is issued to the respondents 1 and 2 to provide electricity service

connections, as required by the petitioners on payment of necessary fees, within a period of four weeks from the date of receipt of a copy of this

order. The writ petition is allowed. No costs.