IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP No. 922 of 2006()
1. KERALA STATE ELECTRICITY BOARD,
... Petitioner
Vs
1. SRI.PHILIP, S/O.DEVASSIA,
... Respondent
For Petitioner :SRI.C.K.KARUNAKARAN, SC FOR KSEB
For Respondent : No Appearance
Dated :/ /
O R D E R
M.SASIDHARAN NAMBIAR, J.
...........................................
C.M.A. 932 OF 2006 AND C.R.P.No.922 OF 2006
............................................
DATED THIS THE 12TH DAY OF JANUARY, 2007
ORDER
K.S.E.B is challenging the enhanced compensation
awarded by Additional District Judge, Thodupuzha in O.P
(election)122 of 2002 in this revision filed under
Section 115 of Code of Civil Procedure. Revision is
filed with a petition under Section 5 of the Limitation
Act to condone the delay of 628 days.
2. Learned counsel appearing for petitioner was
heard. Though learned counsel challenged the award
contending that without granting opportunity to
petitioner to adduce evidence, an award was passed, on
going through the award passed by Additional District
Judge, it is clear that enhanced compensation was
granted on the basis of data furnished by petitioner
and applying the full bench decision in Kumbha V. KSEB
(2000(1) KLT 542). Learned Additional District Judge
has only reduced the cultivation expenses as assessed
by the Board officials and has taken the data which has
been relied upon by the Board to award compensation. It
was on the basis of the specific case of the claimants
CRP 922/2006 2
that the agricultural operations are being carried out
by claimant and not by engaging the workers. In such
circumstances, I do not find any merit in the revision
as the enhancement granted is only on the basis of the
Full bench decision and accepting the data relied on by
the Board themselves. Moreover, the delay was also not
properly explained. In such circumstances, this
revision and the petition to condone the delay in
filing the revision are dismissed.
M.SASIDHARAN NAMBIAR, JUDGE
lgk/-