IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 CRP.No. 521 of 2005 ELE.OP.NO.235/2001 OF ADDITIONAL DISTRICT COURT, THODUPUZHA REVN. PETITIONER: RESPONDENT: ------------------ THE KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VAIDYUTHI BHAVANAM, THIRUVANANTHAPURAM. BY ADV. SRI.K.S.ANIL, SC, KSEB RESPONDENT: PETITIONER: ------------- THOMAS, S/O. SACARIA, ANCHANICKAL HOUSE, ARAKULAM VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT. BY ADV. SRI.K.K.CHANDRAN PILLAI SMT.CHANJANA ELSA PHILIP THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 22/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: I.A.NO.1390/2005 IN C.R.P.NO.521/2005 DISMISSED 22/2/2008 SD/- K.T.SANKARAN, JUDGE //TRUE COPY// AHZ/ K.T.SANKARAN, J. -------------------------------------------- C.R.P. NO. 521 OF 2005 -------------------------------------------- Dated this the 22nd February, 2008 O R D E R The Kerala State Electricity Board challenges the order dated 28.7.2004 in O.P.(Electri.) No.235 of 2001, on the file of the Court of the Additional District Judge, Thodupuzha. The respondent filed the petition before the court below dissatisfied with the compensation awarded by the Electricity Board on account of the trees cut from the property belonging to the respondent. The respondent claimed an additional compensation of Rs.1,20,000/-. 2. The court below held that the deduction made by the Board was on the higher side. The Board had made a deduction of 60% in the case of coffee and 48.75% in the case of other improvements. The court below has reduced the deduction to 30% in the case of coffee and 25% in the case of other improvements. It cannot be said that the order passed by the court below is illegal or unsustainable. 3. The court below relied on the Full Bench decision in Kumba Amma v. K.S.E.B. (2000(1) KLT 542) and has taken 5% as the return for the purpose of fixing compensation for the trees cut. No compensation C.R.P. NO.521 OF 2005 :: 2 :: was granted on the ground of diminution of land value. Interest at 9% was awarded by the court below. Thus, in all, the court below awarded a sum of Rs.15,772/- as additional compensation with 9% interest per annum from the date of cutting till realisation. The award passed by the court below is just and reasonable and there are no grounds for interference. The Civil Revision Petition is, therefore, dismissed. No order as to costs. (K.T.SANKARAN) Judge ahz/