IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 11TH FEBRUARY 2009 / 22ND MAGHA 1930 CRP.No. 475 of 2006() --------------------- OPELE.149/1998 of I ADDL. DISTRICT COURT, PALAKKAD .................... REVN. PETITIONER(S): RESPONDENTS -------------------------------- 1. KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM. REP. BY ITS CHAIRMAN. 2. THE ASSISTANT EXECUTIVE ENGINEER, SUB STATION, SUB DIVISION, KSE BOARD, VENNAKKARA, PALAKKAD. 3. THE DEPUTY TAHSILDAR (LA), K.S.E.BOARD, MALAPPURAM. 4. THE DEPUTY COLLECTOR (LA), K.S.E.BOARD, CALICUT. BY ADV. MR.A.SUDHI VASUDEVAN, SC, KSEB MR.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENT(S): PETITIONER ------------------------- PERUMAL SWAMY KONAR, S/O.VENKITACHALAPATHY KONAR, P.O.KANJIKODE, PUDUSSERY CENTRAL VILLAGE, PALAKKAD. ADV.MR.TOM K.THOMAS THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 11/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.N.Ravindran, J. ================== C.R.P. No.475 of 2006 ===================== Dated this the 11th day of February, 2009. ORDER The learned counsel appearing on both sides agree that in view of the decision of the Apex Court in K.S.E.B. v. Livisha - 2007 3 K.L.T. 1, the order impugned in this Civil Revision Petition has to be set aside and O.P. (Electricity) No. 149 1998 remitted to the court below to redetermine the compensation payable afresh. The principles governing determination of the land value and also the value of trees cut in the process of laying electricity supply lines, has been laid down by the Apex Court in the aforesaid decision. Accordingly, the order dated 17.2.2006 passed by the Court of the District Judge of Palakkad in O.P.(Electricity) No.149 of 1998 is set aside and the Original Petition is remitted to the court below for fresh disposal in accordance with law. Both sides will be entitled to adduce fresh evidence in support of their rival contentions. The court below shall, after affording the petitioners and the respondent an opportunity to adduce evidence to substantiate their contentions, dispose of the Original Petition afresh in the light of the principles laid down by the Apex Court in K.S.E.B. v. Livisha - 2007 (3) KLT 1. The parties shall before the court below on 10.3.2009. Since the Original CRP 475/06 -: 2 :- Petition is of the year 1998, the court below shall endeavour to dispose of the case within six months from 10.3.2009. The Civil Revision Petition is disposed of as above. No costs. P.N.Ravindran, Judge. ess 19/2