IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 WP(C).No. 28848 of 2006(H) -------------------------------------- PETITIONER: ------------------- K.P.POLY, AGED 47 YEARS, S/O.K.O.POULOSE, KAVUMPURAM HOUSE, ELANGAVAM, VARAPPETTY P.O. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENTS: ------------------------ 1. CHAIRMAN, KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 2. EXECUTIVE ENGINEER, ELECTRICAL DIVISION, MUVATTUPUZHA. 3. SUB ENGINEER IN-CHARGE, ELECTRICAL SECTION NO.II, MUVATTUPUZHA. 4. DEPUTY TAHSILDAR (L.A), KERALA STATE ELECTRICITY BOARD, ERNAKULAM. SRI.JOSE J.MATHEICKEL, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.28848/2006 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE LIST OF TREES CUT AND REMOVED IN RESPECT OF THE WORK OF VARAPPETTY UNDER ELECTRICAL SECTION NO.IUI, MUVATTUPUZHA DT. 11.1.2000. P2:- COPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT TO THE ASSISTANT EXECUTIVE ENGINEER REQUESTING TO REMOVE THE TREES FROM THE PLOT FORWARDED BY THE 4TH RESPONDENT DT. 27.3.2000. P3:- COPY OF THE SKETCH SHOWING THE DRAWING OF LINE PREPARED BY THE SUB ENGINEER IN CHARGE, ELECTRICAL SECTION NO. II, MUVATTUPUZHA. P4:- COPY OF THE NOTICE ISSUED BY THE KERALA STATE ELECTRICITY BOARD TO THE PETITIONER DT. NIL. P5:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER AND 2 OTHERS DT. 19.1.04. P6:- COPY OF THE REPRESENTATION SUBMITTED BY A.D. MADHUSUDHANAN NAIR DT. 5.11.04. /TRUE COPY/ P.A. TO JUDGE tss 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