IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 CRP.No. 3265 of 2001() ---------------------- OP.EL.315/1996 of ADL.D.C. & MACT,THODUPUZHA .................... REVN. PETITIONER/PETITIONER: ------------------ JOSEPH, S/O. KURUVILLA, PARAPPURATH HOUSE, VELLAYAMKUDI P.O., KATTAPPANA VILLAGE. BY ADV. SRI.JOSEPH PUNNOOSE RESPONDENTCOUNTER PETITIONER: ------------- KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. BY ADV. SRI. ASOK M.CHERIYAN, SC, KSEB THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 11/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: HARUN-UL-RASHID, J. -------------------------------------------- C.R.P. NO. 3265 OF 2001 -------------------------------------------- Dated this the 11th day of July, 2008 O R D E R The petitioner in O.P.(Ele.) No.315 of 1996 on the file of the Additional District Court, Thodupuzha is the revision petitioner. The respondent/Kerala State Electricity Board cut and removed 22 yielding arecanut trees, 54 yielding coffee plants, 7 yielding pepper vines and jack tree from the property belonging to the revision petitioner and awarded Rs.32,485/- as compensation. Seeking enhanced compensation, the revision petitioner filed the above Original Petition and the court below as per order dated 30.12.1999 modified the award and granted additional compensation of Rs.23,463/- with interest at the rate of 10% from the date of the Original Petition till realisation. Aggrieved by the inadequacy of the compensation awarded by the court below, the revision petitioner has come up in revision. 2. The court below accepted the yield calculated by the respondent/Board from the various improvements in the property of the C.R.P.NO.3265/2001 2 revision petitioner and found that there was no evidence to show that the Board had not calculated the yield properly. With regard to the multiplier, the court below found that the multiplier adopted by the Board was low. Taking into account the future yielding period of the improvements, the principle of annuity rates of 5 and other facts and circumstances, the court below fixed the multiplier for pepper vines on soft wood trees at 7 and on hard wood trees at 10, multiplier for arecanut trees at 12, for coffee plants at 10 and for jack tree at 15. The cropping expenses were fixed by the court below at 35% for coffee plants and 25% for pepper vines and jack trees. The court below also revised the price of cash crops. After considering all the relevant facts, the court below granted additional compensation of Rs.23,463/-. On going through the pleadings and evidence, I am of the view that the amount refixed by the court below is fair and reasonable. 3. Learned counsel appearing for the revision petitioner requested this Court to revise that portion of the order awarding interest. The court below granted interest at the rate of 10% from the date of the petition till realisation. According to the learned counsel, the interest ought to have been awarded from the date of cutting of the trees. Considering the facts and circumstances of the case, I am of the view that the rate of interest at C.R.P.NO.3265/2001 3 10% awarded by the court below can be realised by the revision petitioner from the date of cutting of the trees. Ordered accordingly. The impugned order is modified to the above extent. The Civil Revision Petition is disposed of as above. There will be no order as to costs. (HARUN-UL-RASHID, JUDGE) sp/ C.R.P.NO.3265/2001 4 HAURN-UL-RASHID, J. C.R.P. NO. 3265/2001 O R D E R 11th July, 2008