IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 7TH FEBRUARY 2008 / 18TH MAGHA 1929 CRP.No. 98 of 2008() -------------------- OP(ELE) 89/2003 of ADDL. DISTRICT COURT, PATHANAMTHITTA .................... REVN. PETITIONER: IST RESPONDENT ------------------------------------------ POWER GRID CORPORATION OF INDIA LTD. LOCAL OFFICE, NANGIARKKULANGARA KAYAMKULAM, REPRESENTED BY ITS DEPUTY GENRAL MANAGER. BY ADV. SRI.M.A.SHAFIK RESPONDENT: -------------- C.E.KUNJCHAN AGED 46 YEARS, S/O.KUNJAN, CHALANADY HOUSE KIZHAKKUMBAGOM PO, NIRANAM VILLAGE THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT. THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 07/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- C.R.P. NO. 98 OF 2008 --------------------- Dated this the 7thday of February, 2008 ORDER This revision petition is preferred against the award of the Additional District Judge, Pathanamthita, in OP(Ele) 89/03 whereby the court has awarded additional compensation of Rs.4,007/- with 6% interest. 2. Learned counsel would submit that the court has applied the principle in Kumba Amma v. K.S.E.B. [2000 (1) KLT 542] and that in the light of the decision of the Apex court in K.S.E.B. v. Livisha [2007 (3) KLT 1] each case has to be decided on the facts and circumstances of that case. The principles enunciated by the Apex court is only to consider each case on its merits depending upon the nature of the improvements nature in which the property is enjoyed etc. Here we are concerned only about one coconut tree. The court below found that it can easily yield for another 50 years and held that the petitioner therein will be entitled to a total compensation of Rs.8,769/- and after deduction with respect to the amount already awarded additional compensation of Rs.4,007/- was ordered. By any stretch of imagination it cannot be held to be on the higher side. Therefore the civil revision petition lacks merit and it is accordingly dismissed. M.N.KRISHNAN, JUDGE vps 2