IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 12TH MARCH 2009 / 21ST PHALGUNA 1930 CRP.No. 1046 of 2006() ----------------------------------- OPELE.44/1994 of I ADDL. DISTRICT COURT, PALAKKAD .................... REVN. PETITIONER(S): RESPONDENT ------------------------------- KERALA STATE ELECTRICITY BOARD, REP.BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, PALAKKAD. BY ADV. MR.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENT(S): PETITIONER; -------------------------- 1. SRI.M.T.KURUVILLA (DIED), S/O.M.K.ITTEERA, AGED 42 YEARS, MANGALI HOUSE, HILL VIEW NAGAR, DHONI P.O., OLAVAKKODE VILLAGE, PALAKKAD TALUK, PALAKKAD DISTRICT. 2. SUPPL. ALICE KURUVILA, AGED 37 YEARS, W/O.LATE M.T.KURUVILA , -DO-. 3. ALEX M.K., AGED 17 YEARS (MINOR), S/O.LATE M.T. KURUVILA, -DO-. 4. RESHMA M.K., AGED 14 YEARS (MINOR), D/O. LATE M.T.KURUVILA, -DO- (MINORS REPRESENTED BY THEIR GUARDIAN MOTHER - SUPPL.2ND PETITIONER). BY ADVS. MR.P.J.MATHEW FOR R1 TO 3 MR.THOMAS JOHN AMBOOKEN FOR R1 TO 3 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 12/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: HARUN-UL-RASHID,J. --------------------------- C.R.P.NO.1046 OF 2005 ---------------------------- DATED THIS THE 12TH DAY OF MARCH, 2009 O R D E R Kerala State Electricity Board is the revision petitioner. This revision petition is directed against the order in O.P.(Ele.) No.44/94 on the file of the District Court, Palakkad. The K.S.E. Board awarded compensation of Rs.14,441/-. The court below by the impugned order has granted an additional compensation of Rs.39,744/- with interest at 6% , which is under challenge. The K.S.E. Board awarded an amount of Rs.8,244.73 as compensation for the trees cut and removed. The court below revised the compensation under this head at Rs.16,630.87 and thus awarded an additional compensation of Rs.8386.14. 2. For the diminution in land value due to the drawal of electric line, finding that the property situated in a Panchayat area, the court below fixed the value at Rs.1,000/- per cent. It is not disputed that the affected area is 166.79 cents. Therefore, -2- CRP.No.1046/2006 20% of the land value wasS fixed as compensation for diminution in land value. Thus, the court below awarded an additional amount of Rs.31,358/-. The re-fixation of compensation on the basis of the datas and evidence is justifiable. The facts and circumstances of the case shows that the claimant is entitled to additional compensation and the fixation of compensation by the court below is just and reasonable. I find no reason to interfere with the impugned order. C.R.P. is dismissed. Sd/- HARUN-UL-RASHID, Judge. kcv.