IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 CRP.No. 587 of 2007() --------------------- OPELE.128/2004 of ADDL. DISTRICT COURT, THODUPUZHA .................... REVN. PETITIONER: RESPONDENT ----------------------------- KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENTS: PETITIONER ------------------------ SRI. JOSEPH ANTONY, OLICKAL, ERATTAYAR KARA, KALKOONTHAL VILLAGE, UDUMBANCHOLA TALUK. BY ADV. SRI.S.K.MURALEEDHARA KAIMAL THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 03/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------------------------- C.R.P.No.587 of 2007 ------------------------------------------- Dated this the 3rd day of March, 2008 ORDER This revision petition is preferred against the award of the Additional District Judge, Thodupuzha whereby the learned District Judge has awarded an additional compensation of Rs.10,044/- with 7.5% interest. 2. Heard the learned counsel for the revision petitioner and respondent. 3. A perusal of the award would show that the court has granted an additional compensation of Rs.5,034.27 in respect of the pepper vines and Rs.3,999.24 in respect of the rubber trees cut and removed from the property. A perusal of paragraph 11 of the award would reveal that how the court below has approached this Court in respect of the pepper vines. The court below considered the statements and arrived at a decision to fix the price of the pepper vine at Rs.80/- during the year 2002. The court fixed the cultivation expenses at 25%. Considering the age of the pepper vine and other aspects, the court had taken annuity of 5% and awarded an additional compensation. CRP 587/2007 2 4. So far as the rubber tree is concerned, the court below fixed the value of the rubber tree at Rs.37.75 per kgm. and also deducted 25% expenses. Then the court following the dictum in Kumba Amma v. K.S.E.B. [2000 (1) KLT 542 ] case as well as the material available, arrived at a decision that the respondent is entitled to get an additional compensation of Rs.3,999.24. Therefore, the award passed by the court below is on the basis of the materials available and it does not call for any interference. Therefore, the CRP is dismissed. M.N.KRISHNAN, JUDGE csl