IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 25TH AUGUST 2008 / 3RD BHADRA 1930 CRP.No. 1055 of 2007(B) ------------------------------- OP ELE.69/2003 of ADDL. DISTRICT COURT, PATHANAMTHITTA .................... REVN. PETITIONER/1ST RESPONDENT : ----------------------------------------------- POWER GRID CORPORATION OF INDIA LTD., LOCAL OFFICE, NANGIARKULANGARA, KAYAMKULAM, REPRESENTED BY ITS DEPUTY GENERAL MANAGER, TRIVANDRUM. BY ADV. SRI.M.A.SHAFIK RESPONDENTS/PETITIONER : ----------------------------------- 1. SRI.SHOUKATH ALI, AGED 42 YEARS, S/O.ABOOBACKER KUTTY, PULIMOOTTIL HOUSE, KADAPRA VILLAGE, NIRANAM VADAKKUMBHAGAM MURI, THIRUVALLA TALUK. 2. SRI.MUHAMMED ALI, AGED 40 YEARS, S/O.ABOOBACKER KUTTY, PULIMOOTTIL HOUSE, KADAPRA VILLAGE, NIRANAM VADAKKUMBHAGAM MURI, THIRUVALLA TALUK. 3. SRI.HYDER ALI, AGED 36 YEARS, S/O.ABOOBACKER KUTTY, PULIMOOTTIL HOUSE, KADAPRA VILLAGE, NIRANAM VADAKKUMBHAGAM MURI, THIRUVALLA TALUK. 4. SRI.LIYAKATH ALI @ SHAJAHAN, AGED 33 YEARS, S/O.ABOOBACKER KUTTY, PULIMOOTTIL HOUSE, KADAPRA VILLAGE, NIRANAM VADAKKUMBHAGAM MURI, THIRUVALLA TALUK. BY ADV. SRI.J.OM PRAKASH - R1 TO 4 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 25/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- C.R.P.No.1055 of 2007 ------------------------------- Dated this the 25th August, 2008. O R D E R The award passed by Additional District Judge, Pathanamthitta, in O.P.(Ele) No.69 of 2003, whereunder enhanced compensation was granted based on Kumba Amma v. K.S.E.B. (2000 (1) KLT 542 (FB), is challenged in this revision petition. 2. Learned counsel appearing for the petitioner and respondents were heard. 3. Full Bench decision of this Court in Kumba Amma's case (supra) was modified by the Apex Court in Livisha v. K.S.E.B. (2007 (3) KLT 1). In such circumstances, the award passed by learned District Judge based on Kumba Amma's case is to be reconsidered. In such circumstances, the order dated 8.6.2007 is set aside. O.P.(Ele) No.69 of 2003 is remanded to Additional C.R.P.No. 1055 of 2007 2 District Court, Pathanamthitta, for fresh disposal, in accordance with law. Parties are at liberty to adduce further evidence. M.SASIDHARAN NAMBIAR, JUDGE nj.