IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 CRP.No. 1334 of 2004() ---------------------- ELEOP.142/1998 of ADDL. DISTRICT COURT, PARAVUR .................... REVN. PETITIONER: --------------------- THE KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM. BY ADV. SRI.N.D.PREMACHANDRAN, SC, KSEB SRI.C.K.KARUNAKARAN, SC, KSEB RESPONDENT: --------------- PAUL NETTIKKADAN, S/O.CHAKKURIA, NETTIKADAN HOUSE, VAPPALASSERY KARA, NEDUMBASSERY VILLAGE. ADV. SRI.ANIL K.MOHAMMED THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 28/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: HARUN-UL-RASHID, J. ---------------------------------------------- C.R.P. No. 1334 of 2004 --------------------------------------------- Dated this the 28th November, 2008. O R D E R Kerala State Electricity Board is the revision petitioner. This revision is directed against the order dated 11.2.2003 in O.P (Electricity) No.142 of 1998, on the file of the Addl. District Judge, North Paravur. For the purpose of drawing 110 KV Kalamassery-Chalakudy line, the Board cut and removed certain trees from the respondent's property. The Board has paid Rs.50,050/- to the respondent as compensation. The court below granted Rs.42,855.47 as additional compensation. 2. According to the counsel for the Board granting of enhanced compensation is wrong, since there is no acceptable evidence adduced by the respondent to substantiate his claim for enhanced compensation. The respondent filed a valuation statement claiming a sum of Rs.47,523.06. The court below also considered the valuation statement submitted by the Board. As per the valuation statement, for the loss of coconut trees the difference would come only Rs.21,104.52 and for pepper vine Rs.1,724.36. For nut mug trees, the difference C.R.P. No. 1334 of 2004 2 between the amount awarded and the amount assessed would be Rs.20,026.59. It is noted by the court below that the valuation, as stated above, is not objected by the petitioner in Court below. The court below, on the basis of the statement produced, fixed the additional compensation at Rs.42,855.47. 3. I find that there are no materials available in this case to deviate from the finding of the court below. The award passed by the court below is fair and reasonable and there is no merit in the C.R.P. Hence dismissed. There will be no order as to costs. HARUN-UL-RASHID, JUDGE C.R.P. No. 1334 of 2004 3