IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 26TH OCTOBER 2009 / 4TH KARTHIKA 1931 WP(C).No. 28036 of 2009(Y) --------------------------------------- PETITIONER: ------------------- P.M.MOHAMMED, PULAKKOTTIL HOUSE PUNNOPPADY KARA, MULAVOOR VILLAGE MUDAVOOR P.O, MUVATTUPUZHA TALUK. BY ADV. SMT.S.SIBHA RESPONDENTS: ------------------------ 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY THE DEPUTY CHIEF ENGIEER CONSTRUCTION DIVISION, KERALA STATE ELECTRICITY BOARD, KALAMASSERY, MUVATTUPUZHA. 2. ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, T.C.SECTION, PEZHAKKAPPILLY, MUVATTUPUZHA. R1 & R2 BY MR.P.P.THAJUDEEN, SC, K.S.E.B. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.28036/2009-Y: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE TAX RECEIPT. EXT.P.2: COPY OF THE CHEQUE DTD. 14/03/2006. EXT.P.3: COPY OF THE COMMUNICATION DTD. 25/04/2005. EXT.P.4: COPY OF THE SKETCH. EXT.P.5: COPY OF THE REPRESENTATION DTD. 16/03/2006. EXT.P.6: COPY OF THE COMPLAINT DTD. 17/08/2009 FILED BY THE PETITIONER BEFORE THE LEGAL SERVICE AUTHORITY, MUVATTUPUZHA. EXT.P.7: COPY OF THE ORDER DTD. 29/06/09 PASSED BY THE LEGAL SERVICE AUTHORITY, MUVATTUPUZHA. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. S. SIRI JAGAN, J ............................................... W.P(C) No. 28036 of 2009 ................................................. Dated this the 26th day of October, 2009 J U D G M E N T The petitioner is the owner of a property from which trees have been cut by respondents for drawing electricity lines through the petitioner's property. Petitioner has been paid compensation for the trees cut. But he is not satisfied with the amount of compensation. He approached the respondents for enhanced of compensation. That matter was considered by the Taluk Legal Services Committee, Muvattupuzha, in which after discussions, the respondents were not willing to enhance the compensation. Accordingly, the case was closed by the Legal Services Committee. The petitioner has therefore approached this court seeking the following reliefs: “i) Issue a writ of mandamus, or any other appropriate writ, order or direction, directing the respondents to award compensation as prayed for in Exhibit P6; ii) Issue a writ of mandamus, or any other appropriate writ, order or direction, directing the respondents to enhance the compensation as prayed for in Exhibit P6 due to the drawing high voltage lines over the petitioner's property comprising in Sy. No. 671/1 in Mulavoor village, Muvattupuzha Taluk;” 2. I have heard the learned standing counsel for the respondents also. W.P(C) No. 28036 of 2009 -2- Admittedly, the compensation as determined by the respondents has been paid to the petitioner. The remedy of the petitioner, if the petitioner is dissatisfied with the amount of compensation, is to file an electricity O.P. before the court having jurisdiction. Therefore without prejudice to that right this writ petition is dismissed. S. SIRI JAGAN, JUDGE rhs