‘HC stay on Tangedco circular is a message for local bodies’

The stay granted by the vacation bench of the Madras High Court on operation of a Tangedco circular has a message for local bodies as well as the issue relates to building completion certificate.

The bench comprising Justice V. Parthiban and Justice G.R. Swaminathan stayed the October 6 Tangedco order that did away the necessity of certificate for issue of new power connection. The circular undid the orders it had passed in May and July this year insisting on building completion certificate for new power connection.

At the time of the issuing the orders, the Tangedco had quoted the Court order in writ petition 14520 of 2017 and the Tamil Nadu Combined Development and Building Rules, 2019.

Now that the Court had stayed the October 6 circular, the Tangedco must start insisting on building completion certificate from those seeking power connection. But that is not the end of story.

The stay also has a message for local bodies, says Coimbatore Consumer Cause Secretary K. Kathirmathiyon. “What applies to the Tangedco also applies to local bodies in demanding building completion certificate but for giving water and sewerage connection.”

Sadly, the local bodies do not insist on completion certificate, though. And, worse, they do not issue completion certificate, either, he says and refers to a Coimbatore Corporation letter to the Tangedco that said that the civic body assessing building for property tax was as good as having issued completion certificate.

Mr. Kathirmathiyon, who filed the petition to stay the October 6 Tangedco circular, says when the Court hears his petition he will point out that the local bodies that ought to issue the completion certificate have not followed the Rules and the difference between the Tangedco and local bodies was that the former attempted violation of the Rule by issuing a circular and the latter has violated the Rule without any circular.

Besides, the local bodies issuing water and sewerage connection without the completion certificate is contempt of the Court.

He further says that the very reason that the State Government framed the Rules is to prevent construction of illegal buildings as no builder likes to construct a building that will not have power, water or sewer connection.

By ignoring the Rule, the local body has started treating violators on a par with those who construct as per rules, he adds.

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Printable version | Dec 5, 2020 3:52:40 PM |

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