IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 CRP.No. 935 of 2005() --------------------- OPELE.170/2000 of ADL.D.C. & MACT,THODUPUZHA .................... REVN. PETITIONER: ------------------ THE SECRETARY, K.S.E.BOARD, VAIDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. BY ADV. SRI.P.SANTHALINGAM, SC, KSEB SRI.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENTS: ------------- NARAYANAN, S/O.ITTINDAN, KUNNINIYIL (H), MUKKUDOM P.O., KONNATHADY VILLAGE. BY ADV. SRI.JOICE GEORGE THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 12/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER IN IA 2677/2005 DISMISSED. 12/6/2008 SD/ P.R. RAMAN,JUDGE. SD/- T.R. RAMACHANDRAN NAIR, JUDGE. // TRUE COPY // P.S. TO JUDGE P.R.Raman & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - C.R.P.No.935 of 2005 - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of June, 2008. O R D E R Ramachandran Nair, J. This revision petition is filed by the petitioner challenging the award passed by the Addl. District Judge, Thodupuzha in O.P.(Elec.) No.170/2000. This is a proceeding initiated under the relevant provisions of the Indian Telegraph Act read with Indian Electricity Act claiming additional compensation for the trees cut and removed by the Electricity Board for drawing 110 KV line. By the impugned award, the court below has granted additional compensation of Rs.68,801/- with interest at the rate of 9% from the date of cutting till realisation. 2. As far as the coconut and arecanut trees are concerned, the court below has fixed the average rate considering the price of agricultural produces and comparable awards have also been relied upon. As far as arecanut is concerned, it is priced at 50 paise and coconut is priced at Rs.5/-. We find no reason to interfere with the same, as the same is a reasonable assessment. The price of cocoa has also been fixed at Rs.20/- against Rs.65.60 per kg. claimed by the petitioner. The price of coffee is CRP 935/2005 -2- also arrived at Rs.30/- per kg. against a higher claim. The above assessment made by the court below does not call for any interference, as the same is a reasonable one. The court below has fixed the deduction for coconut at 40%, arecanut at 35%, coffee at 30% and for other improvements at 25%. The rate of return is fixed at 5% relying upon the decision of this court in Kumbha v. K.S.E.B. (2000 (1) KLT 542). 3. The assessment is in accordance with the accepted norms and it does not call for any interference. 4. As regards the rate of interest awarded, we find that 8% per annum will be a reasonable one. Therefore, the claimant will be entitled for payment of interest at 8% per annum from the date of cutting till realisation on the enhanced amount. As regards the amount of Rs.49,362/- already paid also, the rate of interest will be at 8% from the date of cutting till payment, i.e., from 15.6.1999 to 17.8.2000. The award passed by the court below is modified to the above extent. The revision petition is disposed of accordingly. ( P.R.Raman, Judge.) (T.R. Ramachandran Nair, Judge.)