IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 3RD APRIL 2008 / 14TH CHAITHRA 1930 CRP.No. 479 of 2007() ------------------------------ OP. (ELE)16/1999 of ADDL.DISTRICT COURT, KOZHIKODE .................... REVN. PETITIONER: RESPONDENT: ----------------------------- KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS CHAIRMAN, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENTS: PETITIONER: ------------------------ SRI.CHOYIKANDI KELAPPAN AGED 68 YEARS, S/O.POKKAN, LAKSHMINILAYAM, SRINGATH, KUZHAKALLOR, KOYILANDY. BY ADV. SRI.P.M.MOHAMMED SHIRAZ SRI.A.B.RAJEEV THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 03/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J ===================== C.R.P. No.479 OF 2007 ===================== Dated this the 3rd day of April 2008 O R D E R This revision petition is preferred against the award of the Addl.District Court, Kozhikode in O.P.(Ele.)No.16 of 1999 whereby the court below has awarded a compensation of Rs.2,15,866.89. 2. Heard both sides. A revised judgment has been passed after the order of remand. The main point is regarding the value given to the rubber trees. The value of the rubber trees was fixed at Rs.61.50 per kg. It was challenged. Subsequently the court considered the entire matter. A Commissioner was appointed earlier and he had done the test tapping to find out the yield and had also assessed the value of the rubber at Rs.51.25 per kg. The respondent, viz., the Kerala State Electricity Board did not adduce any evidence after the remand. The court below was satisfied with the evidence of the Commissioner, who was examined as PW3 and therefore it calculated the value of the trees fixing the value of rubber at Rs.51.25 per kg. It took the annual yield only as 6 kgs per tree and calculated the compensation. So far as the coconut trees are concerned, the court below CRP 479/2007 -:2:- found that the petitioner is entitled to get a balance compensation of Rs.18,087/-. So the learned District Judge has considered the entire matter only in the correct perspective and awarded compensation. Therefore the award passed does not call for any interference. Therefore C.R.P. Is dismissed. M.N.KRISHNAN, JUDGE Cdp/-