IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 21ST AUGUST 2008 / 30TH SRAVANA 1930 CRP.No. 70 of 2008() -------------------- OPEA.16/2002 of ADDL.DISTRICT COURT,KOTTAYAM .................... REVN. PETITIONER: PETITIONER ---------------------- DIVAKARAN.T.P, THATTUKUNNEL HOUSE, PLASSANAL P.O., THALAPPALAM VILLAGE, MEENACHIL TALUK, KOTTAYAM (DISTRICT). BY ADV. SRI.SHAJI THOMAS PORKKATTIL SRI.BINU PAUL SRI.T.V.VINU RESPONDENTS: RESPONDENT ------------------ KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, KSEB, VAIDHYUTHI BHAVAN, THIRUVANANTHAPURAM. BY THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 21/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- C.R.P.No.70 of 2008 ------------------------------- Dated this the 21st August, 2008. O R D E R Petitioner is the petitioner in O.P.(EA) No.16 of 2002, on the file of Additional District Court, Kottayam. Respondents is the respondent in the Original Petition. O.P.(EA) No.16/2002 was tried and disposed by a common award, along with O.P.(EA) Nos.17 of 2002, 40 of 2002, 32 of 2003 and 33 of 2003. Common award was challenged in C.R.P.Nos.1050, 1043 and 1114 of 2005. They respectively relate to O.P.(EA) Nos.33 of 2002, 17 of 2002 and 32 of 2003. The said revision petitions were filed by the respective petitioners. As per common order, dated, 28.11.2007, this Court, finding that learned District Judge granted enhanced compensation based on Kumba Amma v. K.S.E.B. (2000 (1) KLT 542 (F.B.), which was subsequently modified by the Apex Court in K.S.E.B. v. Livisha (2007 (3) KLT 1 (SC), set aside the award and remanded the original petitions to the District Court for fresh disposal, in accordance with law, CRP.No.70 of 2008 2 and also in the light of the principles laid down by the Supreme Court in Livisha's case. 2. As the common award has already been set aside and remanded, the award in O.P.(EA) No.16 of 2002 is also set aside. Learned District Judge, Kottayam, is directed to dispose the Original Petition afresh, in the light of the principles laid down by the Apex Court in K.S.E.B. v. Livisha (supra), as held in C.R.P.No.1050 of 2005. The revision petition is disposed as above. M.SASIDHARAN NAMBIAR, JUDGE nj.