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High Court of KeralaCRP/288/2005dismissed

K.S.E.B v. Bavakutty

2015-06-12Honourable Mr. Justice B.Kemal Pasha3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA FRIDAY, THE 12TH DAY OF JUNE 2015/22ND JYAISHTA, 1937 CRP.No. 288 of 2005 ------------------------ ELE.OP. 376/1997 OF ADDITIONAL DISTRICT COURT (ADHOC)-II, ERNAKULAM. ..............

REVISION PETITIONER/RESPONDEDNT:

---------------------------------------------------------- THE KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM.

BY ADV. SRI.K.M.SATHYANATHA MENON,SC RESPONDENT/PETITIONER:

---------------------------------------- BAVAKUTTY, AGED 39, S/O.KOCHUNNI, EDAPPARA HOUSE, MUDAVOOR P.O.

THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 12-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

B.KEMAL PASHA, J.

................................................................ C.R.P. No.288 of 2005 ............................................................... Dated this the 12th day of June, 2015

O R D E R

The learned Additional District Judge in OP(Ele.) No.376/1997 has as such adopted the calculations made on behalf of the Kerala State Electricity Board(for short 'KSEB') in arriving at the compensation to be granted for the valuable yielding trees cut and removed from the property of the respondent. The only deviation made by the court below is that instead of applying 10% annuity that was applied by the petitioner, the court below has taken the annuity at 5%. The matter was decided on 19.02.2004. Presently, this Court does not find anything to interfere with the impugned order passed by the court below. It seems that diminution in land value has not been granted at all. Considering the

CRP No.288 of 2005 -: 2 :- facts and circumstances of the case, this Court is of the view that the impugned order does not suffer from any illegality, irregularity or impropriety and the same is not liable to be interfered with.

In the result, this Civil Revision Petition is dismissed. No costs.

Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge