IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 CRP.No. 999 of 2002() --------------------- OP(.ELE.)73/1998 of ADL.D.C.,THODUPUZHA .................... REVN. PETITIONER: PETITIONER IN OP.(ELE) NO.73/98 ------------------------------------------------- DEVASYA S/O. THOMAS, PAITHOTTIYIL HOUSE, PAZHAYARIKANDUM P.O.,KANJUKUZHI VILLAGE, THODUPUZHA TALUK. BY ADV. SRI.JOSEPH PUNNOOSE RESPONDENTS: RESPONDENT ------------------------------- KERALA STATE ELECTRICITY BOARD, REPRESENTED BY IT'S SECRETARY,K.S.E.B., THIRUFVANANTHAPURAM. BY ADV. SRI. ASOK M.CHERIYAN, SC, KSEB FOR R1 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 06/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: HARUN-UL-RASHID, J. ------------------------------------------ C.R.P No. 999 of 2002 ------------------------------------------- Dated this the 6th day of June 2008 ORDER The petitioner in O.P (Ele) No. 73/1998 on the file of the Additional District Judge Thodupuzha is the revision petitioner. The respondent- Board for the purpose of drawing 11 KV line over the petitioner's property , cut down 7 yielding rubber plants aged 12 years . According to the revision petitioner the cut down trees were capable of giving yield of 10Kg per tree and on that basis he claimed compensation of Rs. 70,000/- The Court below held that considering the nature of the cultivation and life span of the rubber trees, deducted 35% of expenses and the multiplier is fixed at 10 and awarded Rs. 6,045/- as compensation with 10% interest from the date of petition till realisation. The petitioner submitted before this Court that the compensation worked out is too low and inadequate. He claimed that his rubber trees are of high yielding variety and the yield per tree worked out is very low and the multiplier applied at 10 is also not correct. It is also submitted by the petitioner that he himself is tapping rubber trees . Considering the claim of the petitioner and his contentions that the trees are only 12 years of age capable of giving yield of 10 kilos per trees, I am of the view that that compensation awarded is too low and inadequate. Hence I award 50% additional compensation over the amount awarded by the trial court. C.R.P No.999 of 2002 -2- Thus the total compensation payable is Rs. 9050/- with interest at the rate of 10% per annum from the date of cutting down of trees till realisation. The impugned order under challenge is modified accordingly In the result, the Civil Revision petition is allowed in part There will be no order as to costs HARUN-UL-RASHID, JUDGE es