High Court Kerala High Court

K.P.Poly vs Chairman on 29 September, 2008

Kerala High Court
K.P.Poly vs Chairman on 29 September, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 28848 of 2006(H)


1. K.P.POLY, AGED 47 YEARS,
                      ...  Petitioner

                        Vs



1. CHAIRMAN, KERALA STATE ELECTRICITY
                       ...       Respondent

2. EXECUTIVE ENGINEER,

3. SUB ENGINEER IN-CHARGE,

4. DEPUTY TAHSILDAR (L.A),

                For Petitioner  :SRI.PEEYUS A.KOTTAM

                For Respondent  : No Appearance

The Hon'ble MR. Justice KURIAN JOSEPH

 Dated :29/09/2008

 O R D E R
                          KURIAN JOSEPH, J.
                ---------------------------------------
                    W.P.(C) No.28848 OF 2006
                ---------------------------------------
          Dated this the 29th day of September, 2008.


                            J U D G M E N T

This writ petition is filed with the following prayer:

A. Issue a writ of mandamus or any other appropriate writ,

order or direction and thereby command the

respondents to disburse the compensation for the trees

cut and removed from the petitioner’s and other 29

persons’ property mentioned in Ext.P1 notice, in

pursuant to Ext.P4 notice, with 18% interest.

Since the liability to pay compensation under Section 10 of

the Indian Telegraph Act cannot be disputed, there will be a

direction to the second respondent/competent authority to take

appropriate action to pay the eligible compensation to the

petitioner and others referred to in Exhibit P1 notice within a

period of three months from the date of production of a copy of

this judgment, with 8% interest from the date of accrual of the

liability. In case the amount as above is not paid, the petitioner

will be entitled to interest as prayed for in the writ petition.

This writ petition is disposed of as above.

KURIAN JOSEPH, JUDGE.

smp

KURIAN JOSEPH, J.

W.P.(C) No.28848 OF 2006

J U D G M E N T

29.09.2008