The petitioner is entitled to electricity service connection for a building constructed with planning and building permissions without the need for a completion certificate.

The short facts of the case are as follows:-

1. The petitioner submits that his company had proposed to develop the property comprised in Survey No.308/2, T.S.No.11/1A, Block No.25, Ward 'B' of Zamin Pallavaram Village, Pallavaram, Dharga Road, Chennai, to an extent of stilt floor + 3 floors + 4th floor (part) comprising 16 dwelling units and accordingly had secured the planning permission and building permission from the Chennai Metropolitan Development Authority, the fifth respondent herein and the Pallavaram Municipality respectively. The fifth respondent herein, C.M.D.A., in planning permit File No.B1/12455/2011, dated 27.08.2013 had accorded planning permission and the Pallavaram Municipality had accorded building permission in BL.No.697/13/F1, dated 18.10.2013 for constructions of the aforesaid building put up in the subject property.

2. The petitioner further submits that the planning permit is issued for the construction of stilt + 3 floors + 4th floor (part) comprised in Survey No.308/2, T.S.No.11/1A, Dharga Road, Zamin Pallavaram, Pallavaram Chennai -600 047. The entire construction was over as early as February 2014 and the petitioner has been approaching the respondents 2 to 4 seeking them to provide electricity service connection to the subject property. They have been approaching the authorities / respondents 2 to 4 right from the month of March 2014 with application duly filled in, seeking electricity service connection to the subject property.

3. The petitioner further submits that there are no major deviations or violations in the constructions. On account of introduction of drainage system in the locality by the Local body, the petitioner could not provide sewerage treatment plant in the site, as otherwise, they are fully fit with necessary arrangements to have the sewerage line to be connected with the main sewerage line, at the instance when the local body commences the work of providing sewerage line in the said locality. The petitioner further submits that the C.M.D.A. has declined to issue the completion certificate, still worse, had not entertained his application seeking completion certificate, which is unfair. The petitioner could not be put to task on account of the non-commencement of the main sewerage line by the local body. As stated above, the petitioner had approached the respondents 2 to 4 with application for providing electricity service connection to the entire building put up at Survey No.308/2, T.S.No.11/1A, Block No.25, Ward 'B' of Zamin Pallavaram Village, Pallavaram, Dharga Road, Chennai.

4. The petitioner further submits that the respondents 2 to 4 of late, had declined to receive or to consider his application for providing electricity service connection to the building put up but simply insisted upon production of completion certificate obtained from the planning authorities. The insistence upon completion certificate from the fifth respondent is contrary to the provisions of Electricity Act and their circular since nowhere under the Act or Regulations such contingency contemplates. The respondents 1 to 4 insisted upon completion certificate from the planning authorities pursuant to the directions passed by the Division Bench of this Court in the year 2006 in regularization batch cases. However, the very same Division Bench in several writ petitions issued directions to the Electricity Board authorities to provide electricity service connection for the new constructions without production of completion certificate by considering the nature of deviations as minor and negligible.

5. The petitioner further submits that the present building is without any floor violation and the set back deviations are minor and negligible and hence, the respondents 1 to 4 should be directed to consider application submitted by him and provide electricity service connection without completion certificate for the building put up at Survey No.308/2, T.S.No.11/1A, Block No.25, Ward 'B' of Zamin Pa