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. 428 of 2005() --------------------- OP.ELE.66/2001 of ADL.D.C. & MACT,THODUPUZHA .................... REVN. PETITIONER: RESPONDENT. ----------------------------- THE KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, THIRUVANANTHAPURAM. BY ADV. SRI.A.SUDHI VASUDEVAN, SC, KSEB SRI.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENTS: PETITIONER. ------------------------ KUNJAPPAN, S/O.NEELAKANTAN, KONNACKAL HOUSE, MUNIYARA, P.O. KONNATHADY, UDUMBANCHOLA. THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 12/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R.Raman & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - C.R.P.No.428 of 2005 - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of June, 2008. O R D E R Ramachandran Nair, J. The above revision petition is filed against the order in O.P.(Ele.) No.66/2001 on the file of the Addl. District Court, Thodupuzha. The matter arises in respect of a claim for additional compensation under the Indian Telegraph Act and the Indian Electricity Act. 2. For drawing a 110 KV line, the petitioner cut and removed certain improvements from the property of the respondent herein. The claim is in respect of coffee, arecanut trees and coconut trees. As far as coffee is concerned, the claimant relied upon Ext.A2, copy of the price list issued by the Coffee Board, Bangalore. The price given is the price fetched at the All India auction held at Bangalore. This was not accepted by the trial court, as the varieties are different. Considering the fact that the price given by the Electricity Board for coffee is only at Rs.15/- per kg., which is very low, the court below fixed the same at Rs.30/- per kg. For the other items also, a higher price was fixed considering the awards passed in similar cases. Towards maintenance and cultivation expenses are concerned, the court CRP 428/2005 -2- below fixed the deduction at 35% for arecanut, coffee at 30% and for other improvements at 25%. For fixing the multiplier, the rate of return was taken as 5% relying upon the judgment of this court in Kumbha v. K.S.E.B. (2000 (1) KLT 542). Finally, the rate of interest has been fixed at 9% per annum from the date of cutting. It is accordingly the award has been modified. 3. We find no reason to interfere with the grant of additional compensation, as the same is reasonable in the facts and evidence in the case. The petitioner has not pointed out any cogent grounds to interfere with the order challenged. But, we find that as far as the rate of interest is concerned, 9% is on a higher side. Considering the fact that the line has been drawn for drawing a 110 KV line and the Board is empowered to draw the same in accordance with the provisions of the Act, we are of the view that interest at 8% from the date of cutting will be a reasonable one. Therefore, the revision petition is dismissed, but with a modification that instead of 9%, the rate of interest payable is 8%. No costs. ( P.R.Raman, Judge.) (T.R. Ramachandran Nair, Judge.) CRP 428/2005 -3- kav/ P.R.Raman & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - JUDGMENT CRP 428/2005 -4- 2008.