IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 16TH JANUARY 2008 / 26TH POUSHA 1929 CRP.No. 1727 of 2002 ---------------------- (OP.558/1999 of ADDL. DISTRICT COURT, THALASSERY) REVN. PETITIONER/RESPONDENT: --------------------------------------------------- KERALA STATE ELECTRICITY BOARD, REP.BY THE SECRETARY, THIRUVANANTHAPURAM. BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENT/PETITIONER: ----------------------------------------- NAMATH MAHAMOOD, S/O. MUHAMMED, NAMATH HOUSE, CHENDAYAD P.O., THALASSERY (VIA). BY ADV. SRI.GRASHIOUS KURIAKOSE THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 16/01/2008 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.R.P.NO. 1727 OF 2002 ORDER ON C.M.P.NO. 4204 OF 2002 IN C.R.P.NO. 1727 OF 2002 DISMISSED. 16.01.2008 SD/- K.T. SANKARAN, JUDGE. /TRUE COPY/ P.A. TO JUDGE. K.T. SANKARAN, J. ................................................................................... C.R.P. No. 1727 OF 2002 ................................................................................... Dated this the 16th January, 2008 O R D E R The Kerala State Electricity Board has filed this Revision Petition challenging the order in O.P.No. 558 of 1999 on the file of the court of the Addl. District Judge, Thalassery. O.P.No. 558 of 1999 was tried and disposed of along with six other connected cases. Against the order in O.P. No. 521 of 1999, C.R.P. No. 1395 of 2003 was filed by the Board and against the order in O.P.No. 524 of 1999, C.R.P.No. 1396 of 2003 was filed by the Board. The above Revisions were allowed and the order impugned was set aside and the cases were remanded to the court below for fresh disposal. 2. The connected cases were remanded to the lower court on the basis of the judgment of the Honourable Supreme Court in K.S.E.B. vs. Livisha [2007(3) K.L.T. 1 (SC) ] wherein the Supreme Court held in paragraphs 11 and 12 thus: “11. So far as the compensation in relation to fruit bearing trees are concerned the same would also depend upon the facts and circumstances of each case. 12. We may ,incidentally, refer to a recent decision of this Court in Land Acquisition Officer, A.P. v. Kamandana Ramakrishna Rao & Anr. reported in 2007 AIR SCW 1145 wherein claim on yield basis has been held to be relevant for determining the amount of compensation payable under the Land Acquisition Act, same principle has been reiterated in Kapur Singh Mistry v.Financial Commission & Revenue Secretary to Govt. of Punjab & Ors. 1995 Supp. (2) SCC 635, State of Haryana v.Gurcharan Singh & Anr. (1995 Supp. (2) SCC 637) para 4, and Airports Authority of India v. Satyagopal Roy & Ors. (2002) 3 SCC 527, In Airport Authority (supra), it was held:- C.R.P. No. 1727 OF 2002 2 14. Hence, in our view, there was no reason for the High Court not to follow the decision rendered by this Court in Gurucharan Singh's case and determine the compensation payable to the respondents on the basis of the yield from the trees by applying 8 year's multiplier. In this view of the matter, in our view, the High Court committed error apparent in awarding compensation adopting the multiplier of 18.” 3. It is submitted that in view of the decision of the Supreme Court, the matter requires to be considered and decided afresh in the light of the dictum laid down by the Supreme Court and that it may also become necessary to bring in evidence certain additional facts. 4. Since the connected matters are remanded to the court below in the light of the decision of the Supreme Court in K.S.E.B. vs Livisha, I am of the view that the order impugned is liable to be set aside . Accordingly, the Civil Revision Petition is allowed. The order impugned is set aside and the case is remanded to the court below for fresh disposal. Both the parties would be allowed to adduce such other evidence as they wish to adduce. The court below shall consider the case afresh in the light of the principles laid down in K.S.E.B. vs Livisha . No order as to costs. K.T. SANKARAN, JUDGE. lk C.R.P. No. 1727 OF 2002 3 K.T. SANKARAN, J. ........................................................ C.R.P. No. 1727 OF 2002 ......................................................... Dated this the 16th January, 2008 O R D E R