IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 CRP.No. 758 of 2006() --------------------- OPELE.13/2000 of DISTRICT COURT, KASARAGOD .................... REVN. PETITIONER(S): RESPONDENT ------------------------------- KSEB, REP. BY ITS SECRETARY, K.S.E.BOARD, THIRUVANANTHAPURAM. BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENT(S): PETITIONERS -------------------------- 1. CHALIVALLAPIL KUNHIPENNU, W/O.AMBOONHI, AGED 54 YEARS. 2. KIZHAKKEVALAPPIL RAJAN, S/O.AMBOONHI, AGED 35. 3. KIZHAKKEVALAPPIL PADMINI, D/O.AMBOONHI, AGED 33. 4. KIZHAKKEVALLAPPIL CHANDRAN, S/O.AMBOONHI, AGED 30. 5. RAVINDRAN, S/O.AMBOONHI, AGED 25. THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 05/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J ------------------------------------- C.R.P No.758 OF 2006 -------------------------------- Dated this the 5th day of April 2010 ORDER Revision is directed against the order dated 16/02/2006 in O.P(Ele.) No.13 of 2000 passed by the learned District Judge, Kasargod. The above O.P was filed by the respondent, hereinafter referred to as the claimant, under Section 16(3) of the Indian Telegraphs Act and Section 51 of the Indian Electricity Act seeking enhanced compensation for the loss and injury suffered on account of drawing of electric lines through his property by the revision petitioner, K.S.E.B, hereinafter referred to as the Board. 2. The Board, for the purpose of drawing 220 KV high tension electric line, cut and removed some trees from the property of the claimant. The Board assessed and paid a sum of Rs.50,490/- towards the loss sustained by the claimant. Dissatisfied with the compensation awarded, the claimant filed the above O.P seeking enhanced compensation. The learned District Judge, on the materials placed reassessed the compensation payable after affording opportunity to both sides to furnish a calculation statement afresh taking note that the Board has assessed compensation payable towards the trees cut and removed adopting annuity return of 10%. The learned District C.R.P No.758 OF 2006 Page numbers Judge directed reassessment of the compensation adopting annuity return of 5% in accordance with the principles laid down by this court in “K.S.E.B v Kumba Amma” (2000(1) KLT 542). Calculation statement filed by the Board was accepted and the impugned order was passed awarding enhanced compensation of Rs.90,334/- to the claimant. Propriety and correctness of that order is challenged in the revision. 3. Though notice was issued to the respondent/claimant, after service he has not entered appearance. I heard the learned counsel for the Board. Inviting my attention to “K.S.E.B v Levisha” ((2007) 6 SCC 792), the learned counsel for the Board assailed the enhanced compensation awarded by the learned District Judge contending that the method adopted for fixing enhanced compensation following the guidelines given in Kumba Amma's case have been found to be not a correct and proper method for assessment of compensation. In the given facts of the case, I find, the challenge raised by the Board to impeach the correctness of the order cannot be sustained. The revision is filed on 20.09.2006 and the challenge now canvassed is on the basis of the decision rendered by the apex court, Levisha's case, at a later point of time. It is also seen that accepting the calculation statement filed by the Board as to the enhanced compensation to be paid to the claimant, the learned District Judge has passed the C.R.P No.758 OF 2006 Page numbers impugned order. If at all the Board had any grievance against that order based on its calculation statement, it should have approached the court concerned pointing out mistakes, if any, in the order. Challenge against the order passed by the learned District Judge based on the calculation statement filed by the Board by way of revision cannot be entertained. Revision lacks merit, and it is dismissed. Sd/- S.S.SATHEESACHANDRAN JUDGE //TRUE COPY// P.A TO JUDGE vdv