IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 CRP.No. 1175 of 2005 AGAINST THE ORDER DATED 25.10.2004 IN OP(ELE.) NO.120/2002 OF THE ADDL. DISTRICT COURT, THODUPUZHA REVN. PETITIONER: RESPONDENT: ----------------------------- THE KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VYDHYUTHI BHAVAN, THIRUVANANTHAPURAM. BY ADV. SRI. C.R.THAJUDEEN, SC, KSEB RESPONDENT: PETITIONER: ------------------------ IBRAHIM, OLIKKAPARAYIL HOUSE, KANJAR. THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 04/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- C.R.P. NO. 1175 OF 2005 -------------------------------------------- Dated this the 4th April, 2008 O R D E R The Kerala State Electricity Board challenges the order dated 25.10.2004 in O.P.(Ele.) No.120 of 2002, on the file of the Court of the Additional District Judge, Thodupuzha. For drawing Moolamattom- Karimkunnam 66 KV line, the Board cut and removed certain improvements from the property belonging to the respondent. Dissatisfied with the amount awarded by the Board, the respondent filed the Original Petition claiming an additional compensation of Rs.1,03,000/-. 2. One of the contentions raised by the respondent was that the price of coffee fixed by the Board was low. The court below, after considering the relevant materials, fixed the price of coffee at Rs.30/- per kg. It cannot be said that the amount fixed by the court below is arbitrary or on the higher side. As regards deductions for cultivation expenses, the Board deducted 60% for coffee and 43.75% for other improvements. The court below fixed the deduction at 40% for coconut, 30% for coffee and 25% for other improvements. The court below also followed the Full Bench decision of this Court in Kumba Amma v. K.S.E.B. (2000 (1) KLT 542) in fixing the multiplier taking into account the rate of return at 5%. C.R.P. NO.1175 OF 2005 :: 2 :: Accordingly, the court below awarded an additional compensation of Rs.11,765/- with interest at 9% from 31.5.1999 till realisation. It is also well settled by a Division Bench decision of this Court in K.S.E.B. v. Maranchi Matha (2008(1) KLT 1038) that interest on compensation for tree cutting shall be paid from the date of cutting. The court below has considered all the relevant aspects and fixed a very low amount of Rs.11,765/-. It cannot be said that the court below has not taken into account relevant materials or irrelevant facts were relied on to arrive at the conclusion. The Civil Revision Petition lacks merits and it is accordingly dismissed. (K.T.SANKARAN) Judge ahz/