IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 CRP.No. 110 of 2008() --------------------- OPELE.230/2004 of II ADDL. DISTRICT COURT, PALAKKAD .................... REVISION PETITIONER: RESPONDENT: ----------------------------------------------------------- KERALA STATE ELECTRICITY BOARD, REPRESENTED BY SECRETARY, KERALA STATE ELECTRICITY BOARD, THIRUVANANTHAPURAM. BY ADV. SRI. ASOK M.CHERIYAN, SC, KSEB RESPONDENT: PETITIONER: ------------------------------------------- GOPALAN, AGED 49 YEARS, S/O.GOPI EZHUTHASSAN, MADATHIL VEETTIL, VARODE DESOM, OTTAPALAM VILLAGE, OTTAPPALAM TALUK. BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 07/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== C.R.P. No.110 OF 2008 ===================== Dated this the 7th day of April 2008 O R D E R This revision petition is preferred against the award of the 2nd Addl.District Court, Palakkad in O.P.(Ele.)No.230 pf 2004, whereby the court below has awarded an enhanced compensation of Rs.9,696/-. I have perused the award and heard both sides. A perusal of the award would reveal that the decision made by the court below was absolutely on the basis of the dictum applied in the decision reported in Kumba Amma v. K.S.E.B(2000(1) KLT 542). The Supreme Court in the decision referred to above has stated that each case has to be decided on the facts and circumstances of that case. In this case, the matter has been considered taking into consideration the materials available and compensation has been awarded. Similarly, the court has also considered the diminution of land value by fixing the value of the property at Rs.2,000/- and has fixed the diminution of land value at 15%. The affected area is 6 cents and the court has awarded a compensation of Rs.1,800/- for the same. Therefore the order passed by the court below does not suffer from any infirmity, illegality CRP110/2008 -:2:- or irregularity. Hence the C.R.P is dismissed. M.N.KRISHNAN, JUDGE Cdp/-