IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 CRP.No. 529 of 2006(F) --------------------------------- OP(ELE).NO.245/1999 OF ADDL. DISTRICT COURT, PATHANAMTHITTA. .................... REVN. PETITIONER/ IST RESPONDENT: --------------------------------------------------------- POWER GRID CORPORATION OF INDIA LTD., LOCAL OFFICE, NANGIARKULANGARA, KAYAMKULAM, REPRESENTED BY ITS MANAGER. BY ADV. SRI.K.P.DANDAPANI (SR.). RESPONDENTS/ PETITIONERS: --------------------------------------------- 1. DEVAKI AMMA, AGED 58 YEARS, W/O.LATE RAMAN PILLAI, R/O. HARI BHAVAN, THUVAYOOR NORTH MURI, ERATHU VILLAGE, ADOOR TALUK, PATHANAMTHITTA DIST. 2. R.HARI KUMAR, AGED 30 YEARS, S/O.LATE RAMAN PILLAI, R/O. HARI BHAVAN, THUVAYOOR NORTH MURI, ERATHU VILLAGE, ADOOR TALUK, PATHANAMTHITTA DIST. 3. SREEKUMAR, AGED 27 YEARS, S/O.LATE RAMAN PILLAI, R/O HARI BHAVAN, THUVAYOOR NORTH MURI, ERATHU VILLAGE, ADOOR TALUK, PATHANAMTHITTA DIST. R1 & R2 BY ADV. SRI.J.OM PRAKASH. THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 13/02/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON I.A. NO. 1399/2007 IN CR.P. NO. 529/2006-F DISMISSED 13/02/2008. SD/- M.N.KRISHNAN, JUDGE. //TRUE COPY// prv. M.N. KRISHNAN, J. = = = = = = = = = = = = = = C.R.P. NO. 529 OF 2006 = = = = = = = = = = = = = = = Dated this the 13th day of February, 2008. O R D E R This revision petition is preferred against the award of the Addl. District Judge, Pathanamthitta in O.P.245/89 whereby the Court has awarded an additional compensation of Rs.20,320 with 6% interest. Heard the counsel for both sides. So far as the valuation of trees are concerned there is one yielding coconut tree and the statement shows it was 40 years old and the Court calculated the value for the said tree at Rs.3,721.78 and granted an additional compensation of Rs.1,600/-. So far as the land value is concerned though documents were produced to show the property is worth Rs.20,000/-, the Court on appreciating the materials available fixed it at Rs.15,000/- by finding that the areas is of a commercial importance and that 8.32 cents are partly affected, fixed the diminution in land value at 15% and calculated the compensation and awarded a sum of Rs.18,720/-. Therefore the total compensation was arrived at Rs.20,360/-. It is true that the Court has fixed the annuity CRP NO. 529 of 2006 -:2:- factor at 5% relying upon the Kumba Amma's case reported in 2000(1) KLT 542. It is true as per the decision of the Apex Court in K.S.E.B. v. Livisha (2007 (3) KLT page 1) each case has to be considered on the facts and circumstances of that case. It has also to be stated that relevant materials are taken note of by the Court below including the age of the tree, its value and thereafter has arrived at a valuation. Therefore it cannot be said that the compensation is fixed without taking into consideration the materials available. I do not find any ground to interfere with the award and therefore the C.R.P. is dismissed. M.N. KRISHNAN, JUDGE. ul/-