High Court of KeralaWP(C)/11065/2015disposed of

P.N.Chandrasekharan Nair v. The District Collector

2015-06-18Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 18TH DAY OF JUNE 2015/28TH JYAISHTA, 1937 WP(C).No. 11065 of 2015 (G) ------------------------------------- PETITIONER:

-------------------------- P.N.CHANDRASEKHARAN NAIR, AGED 75 YEARS S/O. NARAYANAN NAIR, KOODATHINAL HOUSE, NELLIKAVU ROAD KOLANI, MANACAUD, THODUPUZHA BY ADVS.SRI.R.LAKSHMI NARAYAN SMT.R.RANJINI RESPONDENTS:

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1. THE DISTRICT COLLECTOR COLLECTORATE, IDUKKI-685 602

2. THE KERALA STATE ELECTRICITY BOARD, REP. BY THE SECRETARY, VAIDUTHY BHAVAN THIRUVANANTHAPURAM 695001

3. EXECUTIVE ENGINEER KERALA STATE ELECTRICAL BOARD TANSMISSION DIVISION VYDYUTHI BHAVAN, THODUPUZHA 685 584

4. THE TAHASILDAR, TALUK OFFICE THODUPUZHA 685 584

5. THE VILLAGE OFFICER, VILLAGE OFFICE, THODUPUZHA - 685 584 R1, R4 & R5 BY GOVERNMENT PLEADER SRI. GIKKU JACOB R2 & R3 BY ADV. SRI.K.M.SATHYANATHA MENON,SC,KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD 18-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 11065 of 2015 (G) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1: THE PHOTOCOPY OF THE AWARD DATED 18.6.2005 EXT.P2: THE PHOTOCOPY OF THE NOTICE DATED 16.3.2011 EXT.P3: THE PHOTOCOPY OF THE ORDER DATED 19.3.2012 EXT.P4: THE PHOTOCOPY OF THE JUDGMENT DATED 23.6.2014 EXT.P5: THE PHOTOCOPY OF THE COMMUNICATION DATED 13.8.2012 EXT.P6:THE PHOTOCOPY OF THE COMMUNICATION DATED 28.11.2012 EXT.P7:THE PHOTOCOPY OF THE COMMUNICATION DATED 29.11.2013 EXT.P8:THE PHOTOCOPY OF THE COMMUNICATION DATED 20.12.2013 EXT.P9:THE PHOTOCOPY OF THE COMMUNICATION DATED 24.12.2014 EXT.P10:THE PHOTOCOPY OF THE COMMUNICATION DATED 24.5.2014 EXT.P11:THE PHOTOCOPY OF THE COMMUNICATION DATED 17.9.2014 EXT.P12:THE PHOTOCOPY OF THE COMMUNICATION DATED 24.10.2014 EXT.P13:THE PHOTOCOPY OF THE COMMUNICATION DATED 24.11.2014 EXT.P14:THE PHOTOCOPY OF THE COMMUNICATION DATED 07.1.2015 RESPONDENT(S)' EXHIBITS:-NIL ---------------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 11065 OF 2015 ---------------------------------------- Dated this the 18th day of June, 2015

JUDGMENT

Ext. P3 order passed in terms of Section 17 of the Indian Telegraph Act, 1885 concludes as follows:- "1.

K.S.E.Board will provide one third on the fair value of the land surface area occupied by the tower footing as compensation as desired in Lr. No. DB-66/201112/756 dated 20.09.2011 of Executive Engineer, Transmission division, Thodupuzha.

Adequate compensation for crop damage and tree cutting if any will be provided.

Consent will be given to the owner of the land to utilise the balance portion of his land for other purpose including construction of a House."

The second respondent is therefore bound to provide 1/3rd of the fair value of the land surface area occupied by the tower footing as compensation tentatively. The fourth respondent Tahsildar has by Ext. P13 letter suggested fixation of fair value at the rate of Rs. 5 Lakhs per Are. It is only proper that the first respondent fixes the fair value on the basis of the relevant inputs within the shortest possible time.

W.P.(C). NO. 11065 OF 2015 2 3.

The second respondent on fixation of the fair value by the first respondent shall disburse the compensation amount to the petitioner. This shall be done in terms of Section 10(d) of the Indian Telegraph Act, 1885. The petitioner is also free to question the sufficiency of compensation under Section 16(3) of the Indian Telegraph Act, 1885.

The writ petition is disposed of with the following directions:- i) The first respondent shall fix the fair value of the land surface area occupied by the tower footing in question within a period of one month from the date of receipt of this judgment ii) The second respondent shall in accordance with the above disburse the compensation amount to the petitioner in terms of Section 10(d) of the Indian Telegraph Act, 1885 within two months therefrom.

iii) The sufficiency of the compensation to be paid to the petitioner inclusive of interest is left open to be decided under Section 16(3) of the Indian Telegraph Act, 1885. V. CHITAMBARESH JUDGE