IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 25TH JANUARY 2010 / 5TH MAGHA 1931 WP(C).No. 29269 of 2009(C) -------------------------- PETITIONER(S): --------------- THEVARKANDY MATHA, W/O.KANARAN, AGED 63 YEARS, KOZHUKKALLOOR VILLAGE, P.O.KEEZHARIYOOR, 673 324, KOZHIKODE. BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS VICE CHAIRMAN, VYDHYUTHI BHAVAN, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, KERALA STATE ELECTRICITY BOARD, KOZHIKODE. 3. THE ASSISTANT EXECUTIVE ENGINEER, TRANSMISSION SUB DIVISION, KERALA STATE ELECTRICITY BOARD, KOZHIKODE. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1-3 GOVERNMENT PLEADER SRI.MATHEW VADAKKEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ----------------------------------------------- WP(C) No. 29269 of 2009 ---------------------------------------- Dated, this the 25th day of January, 2010 J U D G M E N T The petitioner has approached this Court with the following prayers:- (i) To issue a Writ of Mandamus or any other appropriate writ, order or direction commanding the respondents to pass an award of compensation for the 4.5 cents of land acquired from the petitioner in R.S. No.5/3 of Kozhukkallor Village, Narikkode Desom, Kozhikode District for the purpose of construction of basement for Tower No. 7 for drawing 110 KV electric line from Marutheriparambu to Sub Division at Elambilattu of Kozhukkalloor Village forthwith; (ii) To issue a Writ or Mandamus or any other appropriate writ, order or direction commanding the respondents to pay interest on the amount of compensation at the rate or 18% from the date of taking possession of the land from the petitioner till the date of payment of compensation. The learned counsel for the petitioner submits that similar grievances raised by similar persons have already considered by this Court, giving appropriate directions as borne by Ext.P2, to have the grievance considered and finalized. 2. The learned Standing Counsel for the respondent Board submits that the trees belonging to the petitioner were cut and removed for drawing the electric line and appropriate compensation was already WP(C) No.29269/2009 2 awarded, in respect of the damage caused as above. It is also stated that there was no case for the petitioner, any time before, as to the diminution of the value of the land on installation of the 'tower line' in the petitioner’s property. The learned Standing Counsel however submits that, if the petitioner files any application in this regard, the petition will be caused to be forwarded to the concerned Revenue Authorities for fixation of adequate compensation and once the same is got fixed by the Revenue authority, the same would be disbursed to the petitioner as well. 3. In the above facts and circumstances, the petitioner is permitted to approach the 2nd respondent by filing appropriate representation/claim within a period of two weeks, on respect of which, the matter shall be caused to be finalized by taking appropriate steps by the respondents and the eligible compensation shall be released to the petitioner as expeditiously as possible, at any rate, within one month from the date of fixation of the land value by the Revenue authorities. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON JUDGE dnc