IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 CRP.No. 1421 of 2004() ---------------------- (EA)OP.116/2002 of ADDL.DISTRICT COURT,KOTTAYAM .................... REVN. PETITIONER: RESPONDENT: ----------------------------- THE KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, KERALA STATE ELECTRICITY BOARD, THIRUVANANTHAPURAM. BY ADV. SRI.A.SUDHI VASUDEVAN, SC, KSEB SRI.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENTS: PETITIONER: ------------------------------ K.K.THANKAPPAN, S/O. KESAVAN, VATTAPARAMBIL HOUSE, KANNUKETTYSSERY KARA, T.V.PURAM P.O., VAIKOM. BY ADV. SRI.MATHEW JOHN (K) FOR R1 SRI.SUJESH MENON V.B. FOR R1 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 25/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER IN I.A. NO. 3723 OF 2004 IN C.R.P NO. 1421 OF 2004 DISMISSED 25.07.2008 SD/- HARUN-UL-RASHID, JUDGE es HARUN-UL-RASHID, J. ------------------------------------------ C.R.P No. 1421 of 2004 ------------------------------------------- Dated this the 25th day of July 2008 ORDER The revision petitioner herein is the respondent in (E.A) O.P No.116/2002 on the file of the Additional District Judge, Kottayam . The court below allowed the Original Petition in part and awarded an additional amount of Rs. 13,904/- as enhanced compensation with interest at the rate of 6% per annum on Rs. 10,247/-(Rs.13,904-*Rs.3657) from the date of Original petition i.e 12.09.2002 till payment. *The court below also find that the respondent is entitled to Rs.3,657/- by way of interest for delayed payment. Aggrieved by the said award the Revision petitioner-Board has came up in revision. For the purpose of drawing T.V.Puram 11KV Electric line, some trees belonging to the respondent herein, were cut and removed and an amount of Rs. 13,898/- was paid as compensation. Seeking enhancement the respondent filed the above original petition before the court below. The court below considered the matter on merits. After examining the oral and documentary evidence tendered by the revision petitioner and the respondent and applying the legal principles the court below held that the reasonable enhancement for the trees cut will come to Rs. 22,644.50 and deducting Rs.13,898/- being the the amount already paid, will come C.R.P No.1421 of 2004 -2- to Rs.8747/- I am of the view that considering the number of trees cut down and the nature of the Electric line drawn the compensation re- fixed by the court below is reasonable. The court below also reasonably granted Rs.1,500/- towards diminution in land value and loss of utility of land. This Civil Revision Petition is without any merit; it is accordingly dismissed. There will be no order as to costs. HARUN-UL-RASHID, JUDGE es