IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 CRP.No. 724 of 2007() --------------------- OP(ELE)11/2001 of ADDL.D.C. & MACT,THODUPUZHA .................... REVISION PETITIONER(S): RESPONDENT: --------------------------------------------------------------- KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, K.S.E BOARD, THIRUVANANTHAPURAM. BY ADV. MR.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENT(S): PETITIONER: ----------------------------------------------- T.M.MATHEW,S/O.MATHAI,THURAVACKAL (H), PANEMKOTTY P.O,KONNATHODY VILLAGE, UDUMBANCHOLA TALUK. THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 16/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss ORDER ON I.A.NO.1986/2007 IN C.R.P.NO.724/2007 DISMISSED 16/06/2009 SD/- S.S.SATHEESACHANDRAN,JUDGE /TRUE COPY/ P.A.TO JUDGE Kss S.S.SATHEESACHANDRAN, J. ------------------------------- C.R.P.NO.724 OF 2007 (D) ----------------------------------- Dated this the 16th day of June, 2009 O R D E R The revision is directed against the award passed in O.P.(Ele).No.11/2001 of the Additional District Court, Thodupuzha, granting enhanced compensation to the respondent, a sum of Rs.21,367/- with interest at the rate of 9% per annum till realisation towards drawing of the Koothunkal-Panamkutty 110 KV line, from the petitioner, a statutory authority, which cut and removed some valuable trees from the property of the respondent to draw the line. The claim in the petition for enhanced compensation was Rs.1,40,000/- disputing the compensation assessed and paid as meagre. The claim was resisted by the present petitioner/respondent in that petition, contending that reasonable and adequate compensation had been provided towards the loss suffered by the petitioner on drawing of the line over his property. The dispute in the assessment of CRP.7242007 2 compensation centered around the value fixed by the Board, the petitioner, with respect to the rate of the agricultural produce viz coffee, arecanut and pepper etc. The learned District Judge, after taking note of the price for such agricultural produce during the relevant time in the gazette notification published by the Government reassessed the value in terms of such notification. Similarly, the deductions made by the petitioner from the yield of the agricultural produce towards natural decay, cultivation expenses etc. was also found very much on the higher side warranting modification. The Board has assessed deductions at 60% on coffee and for other agricultural produces at 45.75%. Taking note that petitioner is a small cultivator carrying on agricultural operations, the deductions allowable were refixed for arecanut at 35%, coffee at 30% and for other produces at 25%. Similarly, the rate of return for assessment of the compensation had been fixed by the Board at 10%, which was refixed by the learned District Judge at 5% in the light of the decision rendered in Kumbha Amma v. K.S.E.B. (2000 (1) KLT 542). A calculation statement on the basis of the CRP.7242007 3 reassessment made as indicated above was filed by the claimant and it was accepted by the respondent namely, KSEB. No circumstance whatsoever has been brought to my notice to show that the principles adopted by the learned District Judge in reassessing the value for fixing the reasonable compensation were not in accordance with the settled guidelines and in consonance with equity and justice. I do not find any scope for interference with the award passed by the learned District Judge granting enhanced compensation of Rs.21,367/- with interest at 9% to the claimant/petitioner in the original petition. Enhanced compensation so provided is found to be just and reasonable. The revision is devoid of any merit, and it is dismissed. S.S.SATHEESACHANDRAN JUDGE prp S.S.SATHEESACHANDRAN, J. -------------------------------------------------------- CRL.R.P.NO. OF 2006 () --------------------------------------------------------- O R D E R --------------------------------------------------------- 23rd March, 2009