IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP No. 505 of 2006()
1. THE KERALA STATE ELECTRICITY BOARD,
... Petitioner
Vs
1. MR.P.V. SHAJI, S/O.K.VASUDEVAN,
... Respondent
For Petitioner :SRI.K.S.ANIL, SC, KSEB
For Respondent :SRI.GEORGE SEBASTIAN
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :03/01/2007
O R D E R
M.SASIDHARAN NAMBIAR, J.
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C.R.P.NO.505 OF 2006 (G)
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Dated this the 3rd day of January, 2007.
O R D E R
This petition is filed under section 5 of the Limitation Act to
condone the delay of 598 days in filing the revision. Revision
petition was filed challenging the order passed by Additional
District Judge, Alappuzha, in O.P.(Ele).224/96, whereunder
enhanced compensation was granted. Learned District Judge
originally granted enhancement at the rate of Rs.7,000/- per
cent. This court set aside the order and remanded the case back
to the District Court for fresh disposal. Learned District Judge
found that no further evidence was adduced by the parties.
Considering the importance of the locality, land value was fixed
only at the rate of Rs.2,000/- per cent. Learned counsel
appearing for respondent submitted that respondent had filed a
revision challenging the compensation which was dismissed by
this court holding that the enhanced compensation awarded is
reasonable. In such circumstances, there is no reason to
C.R.P.NO.505 OF 2006 (G)
2
interfere with the order of enhancement granted by learned
District Judge. Moreover, the inordinate delay of 598 days was
not explained by petitioner except saying that it is due to
administrative reasons. Even the affidavit shows that certified
copy was applied belatedly and after getting the certified copy,
the revision was filed with further delay. In such circumstances,
the absence of proper explanation for sufficiency of the delay, the
delay also cannot be condoned.
Petition and revision petition are dismissed.
M.SASIDHARAN NAMBIAR,
JUDGE.
bkn