P.Prabakaran v. Chennai Metropolitan Water
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.02.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.No.13727 & 13728 of 2013 and MP.Nos.1 and 2 of 2013 WP.No.13727 of 2013 1.P.Prabakaran 2.P.Sekaran 3.V.Rajendren 4.P.Sumathi 5.K.Jayakanth 6.A.Bhuvaneswari ... Petitioners Vs 1.Chennai Metropolitan Water Supply & Sewerage Board, rep.by its Managing Director No.1, Pumping Station Road, Chennai - 2.
Chennai Metropolitan Water Supply & Sewerage Board, Adayar, Chennai - 600 020.
3.The Area Engineer, Chennai Metropolitan Water Supply & Sewerage Board, Thoraipakkam, Chennai - 600 096.
4.The Chennai Metropolitan rep.by its Member Secretary,
...Respondents
W.P.No.13728 of 2013 1.P.Prabakaran 2.P.Sekaran 3.V.Rajendren
4.P.Sumathi 5.K.Jayakanth 6.A.Bhuvaneswari ... Petitioners Vs 1.The Tamil Nadu Generation and Distribution Corporation Limited, rep.by its Superintending Engineer, Chennai Electricity Distribution Circle/South, Valluvarkottam, Chennai - 600 034.
O & M, Tamil Nadu Generation and Distribution Corporation Limited, I.T.Corridor, Adayar, Chennai - 600 020.
3.The Assistant Engineer, O & M, Tamil Nadu Generation and Distribution Corporation Limited, Thoraipakkam, Chennai - 600 097.
4.The Chennai Metropolitan rep.by its Member Secretary,
...Respondents
Prayer in WP.No.13727 of 2013: Writ petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus to direct the respondents to grant water and sewerage connection to the petitioners' flats situated at Anandnagar 4th Street, Thoraipakkam, Chennai and comprised in Old S.No.227/1 and 228/1, bearing Sub Division Plot Nos. 2A and 3A, without insisting completion certificate from the fourth respondent. Prayer in WP.No.13728 of 2013: Writ petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus to direct the respondents to grant electricity connection to the petitioners' flats situated at Anandnagar 4th street, Thoraipakkam, Chennai and comprised in Old S.No.227/1 and 228/1, bearing Sub Division Plot Nos. 2A and 3A, without insisting completion certificate from the fourth respondent. For Petitioners : M/s.Achari and Antoni (in both W.Ps) For Respondents : Mr.I.David Singh for (in WP.13727/13) R1 to R3
For Respondents : Mr.P.Gunaraj for (in WP.13728/2013) R1 to R3 For R4 in Both WPs : No Appearance COMON ORDER Today, there is no representation on behalf of the petitioner in both the petitions. Writ petitions stand for final hearing and the order has been passed.
2. The writ petition in W.P. No.13727 of 2013 has been filed by the petitioner to grant water and sewerage connection to the petitioners' flats situated at Anandnagar 4th Street, Thoraipakkam, Chennai and comprised in Old S.No.227/1 and 228/1, bearing Sub Division Plot Nos. 2A and 3A, without insisting completion certificate from the fourth respondent.
3. The writ petition in W.P. No.13728 of 2013 has been filed by the petitioner to grant electricity connection to the petitioners' flats situated at Anandnagar 4th street, Thoraipakkam, Chennai and comprised in Old S.No.227/1 and 228/1, bearing Sub Division Plot Nos. 2A and 3A, without insisting completion certificate from the fourth respondent.
4. In WP.No.13727 of 2013, the 3rd respondent namely, The Area Engineer, Chennai Metropolitan Water Supply & Sewerage Board, Thoraipakkam, Chennai, in his counter has stated that the respondents never received any application from the petitioner, nor insisted for completion certificate. As a matter of fact, if the petitioner had applied for their flats referred to above, the respondents would not have insisted for completion certificate, for the simple reason, that their buildings consists of stilt plus 2 floors and for giving water and sewerage connections to that building completion certificate is not at all required". It has been further stated that in the counter that, if the petitioner approach the respondent, after completion of the work of laying of water and sewer mains, their application will be examined and connection given, without insisting for completion certificate, if their residential apartments remain to be of the stilt plus 2 floors and not exceeding that.
5. There is a factual finding, by the respondent that the petitioner building consists of stilt plus 2 floors and for giving water and sewerage connections to that building, Completion Certificate is not required at all. The same condition applies to the electricity connection also i.e., W.P.No.13728 of 2013.
6. In these circumstances, these writ petitions filed by the petitioner stands allowed.
No costs, consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (CS.III) /True Copy/ Sub Assistant REgistrar To 1.The Managing Director Chennai Metropolitan Water Supply & Sewerage Board, No.1, Pumping Station Road, Chennai - 2.
Chennai Metropolitan Water Supply & Sewerage Board, Adayar, Chennai - 600 020.
3.The Area Engineer, Chennai Metropolitan Water Supply & Sewerage Board, Thoraipakkam, Chennai - 600 096. 4.The Member Secretary, The Chennai Metropolitan 5.The Superintending Engineer, The Tamil Nadu Generation and Distribution Corporation Limited, Chennai Electricity Distribution Circle/South, Valluvarkottam, Chennai - 600 034.
6.The Assistant Engineer, O & M, Tamil Nadu Generation and Distribution Corporation Limited, Thoraipakkam, Chennai - 600 097. 7.The Executive Engineer, Chennai Metropolitan Water Supply & Sewerage Board, Adayar, Chennai - 600 020.
+1cc to Mr.I.David Singh, Advocate SR.NO..10541 AKM/17.03.21/ 4P- 9C/ W.P.No.13727 & 13728 of 2013 and MP.Nos.1 and 2 of 2013 22.02.2021