IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP.No. 514 of 2009()
1. ST.GEORGE CHURCH REP.BY PARISH
... Petitioner
2. K.X.JOSEPH,S/O.XAVIER,AGED 51,
3. JOSEY,S/O. VARGHESE, AGED 57,
4. JOSEPH,S/O. SILVY, AGED 53 YEARS,
5. GEORGE M.O. S/O. OUSO, AGED 55,
Vs
1. KERALA STATE ELECTRICITY BOARD
... Respondent
For Petitioner :SRI.K.L.JOSEPH
For Respondent : No Appearance
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN
Dated :29/09/2009
O R D E R
S.S.SATHEESACHANDRAN, J.
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C.R.P.Nos.514 & 515 of 2009
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Dated this the 29th day of September, 2009
O R D E R
These two revisions have been filed challenging the orders
of the learned District Judge, Ernakulam, declining to accept the
the two O.Ps filed seeking enhanced compensation for the reason
of inordinate delay. Claim for enhanced compensation by the
common petitioners in the two revisions were moved under the
claim petitions presented before the District Court contending
that the notices issued from the Electricity Board could be traced
out only belatedly. Admittedly, the trees from the property of
the church were cut and removed during 2001. The present
parish priest could trace out the notice dated 5.5.2000 only in
November, 2008, is the cause pleaded to condone the delay of
1706 days to file the original petitions seeking enhanced
compensation in both the original petitions. The learned District
not being satisfied with the ground canvassed dismissed the
petition to condone the delay. Challenge in the respective
revisions is against the orders so passed by the learned District
Judge declining to condone delay.
C.R.P.Nos.514 & 515 of 2009
2
2. I heard the learned counsel for the petitioner.
3. The claimant is a church is the ground canvassed by
the counsel and the petitioners are stated to be the parish priest
and others in management of the church. Whatever that be, on
the facts presented no justifiable reason for condoning the
inordinate delay in filing the claim petitions for enhanced
compensation has been made out.
Revisions lack merit and the petitions are dismissed.
S.S.SATHEESACHANDRAN,
JUDGE.
bkn/-