High Court Kerala High Court

The Kerala State Electricity … vs Ravi on 11 March, 2010

Kerala High Court
The Kerala State Electricity … vs Ravi on 11 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP.No. 345 of 2005()


1. THE KERALA STATE ELECTRICITY BOARD,
                      ...  Petitioner

                        Vs



1. RAVI, THEKKEPPARAMBIL HOUSE,
                       ...       Respondent

                For Petitioner  :SRI.JOSE J.MATHEIKEL, SC, KSEB

                For Respondent  :SRI.C.K.VIDYASAGAR

The Hon'ble MR. Justice S.S.SATHEESACHANDRAN

 Dated :11/03/2010

 O R D E R
            S.S.SATHEESACHANDRAN, J.
        ------------------------------------------------
                  C.R.P.No.345 of 2005
         -----------------------------------------------
      Dated this the 11th day of March, 2010

                         O R D E R

Revision is directed against the order

passed in O.P.(Ele)No.48/01 by the Additional

District Judge, Thodupuzha granting enhanced

compensation to the respondent/claimant. The

respondent in the above original petition, the

Kerala State Electricity Board [hereinafter

referred to as ‘the Board’] has filed the

revision challenging the enhanced compensation

awarded to the respondent [hereinafter referred to

as ‘the claimant’] towards loss suffered by him

by the drawing of Koothumkal-Panamkutty 110

KV line through his property. The Board has cut

and removed some trees from the property

of the claimant for the drawing of line. The

Board assessed and paid compensation of Rs.28,957/-

towards the loss suffered by the claimant.

C.R.P.No.345 of 2005

:: 2 ::

Dissatisfied with the compensation paid, the

claimant filed the above original petition seeking

enhanced compensation.

2. The learned District Judge re-assessed

the compensation with reference to the materials

produced and awarded enhanced compensation of

Rs.18073/- to the claimant directing the Board to

pay the said sum with interest fixed. The amount

so awarded is excessive and unreasonable is the

challenge raised by the Board in the present

revision impeaching the correctness of the order

rendered by the learned District Judge.

3. I heard the learned counsel for the

petitioner.

4. The learned counsel for the Board

contended that no worth mentioning evidence was

tendered in the case to claim any excess amount

C.R.P.No.345 of 2005

:: 3 ::

than what was awarded and paid earlier.

5. Perusing the impugned order, I find that

the court below has re-assessed the compensation

taking note that the Board had adopted annuity

return of 10% to assess the compensation payable

for the trees cut and removed. Following the

principles laid down in Kumba Amma v. K.S.E.B.

{2000(1) K.L.T. 542}, the court below directed both

the parties to file statements to re-assess the

compensation adopting annuity return at 5%. I do

not find any impropriety or illegality in the

direction given by the court below for re-assessing

the compensation in the lines indicated as above.

Pursuant to such direction only the claimant filed

a statement. It appears that the said statement

was not only not challenged by the Board, but,

practically, conceded to. Re-assessment of the

C.R.P.No.345 of 2005

:: 4 ::

compensation with respect to the trees cut and

removed adopting the annuity return of 5% gave rise

to the enhanced compensation of Rs.18,073/- and

that was ordered by the learned District Judge. By

no stretch of imagination the compensation so paid

can be considered as excessive or unreasonable.

There is no merit in the revision. Revision

dismissed.

Sd/-

(S.S.SATHEESACHANDRAN)
JUDGE
SK/-

//true copy//