Remanded

K.S.E.Board v. Sunilkumar

Kerala HC11 Jul 2008CRP/100/2008

Case brief

AI extract

What is this about?

This revision petition challenged the compensation award in O.P(ele) 79/2004 regarding the cutting of improvements for an electric line. The court set aside the award made based on Kumbhamma, as superseded by Lavisha, and remanded the case to the Additional District Court.

What did the court decide?

The order dated 31.7.2006 is set aside and O.P(ele) 79 of 2004 is remanded to the Additional District Court, Thodupuzha for fresh disposal within six months.

K.S.E.Board Vs Sunilkumar — Property and Title | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR

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FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930

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C.R.P.No. 100 of 2008(F) --------------------O.P(ELE.).79/2004 of ADL.D.C.,THODUPUZHA ....................

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REVISION PETITIONER/RESPONDENT:

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-------------------------------

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KERALA STATE ELECTRICITY BOARD, REPRESENTED BY SECRETARY, KERALA STATE ELECTRICITY BOARD, THIRUVANANTHAPURAM.

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BY ADV. SRI. ASOK M.CHERIYAN, SC, KSEB

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RESPONDENT/PETITIONER: ----------------------

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SUNIL KUMAR, KARAKUNNEL, CHEMBALAM KARA, PAMPADUMPARA VILLAGE, UDUMBANCHOLA TALUK.

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BY ADV. SRI.ABRAHAM K.JOHN

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THIS CIVIL REVISION PETITION HAVE BEEN FINALLY HEARD ON 11/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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M.SASIDHARAN NAMBIAR, J.

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CRP.No. 100 OF 2008

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DATED THIS THE 11TH DAY OF JULY, 2008

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ORDER

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Learned counsel appearing for petitioner and respondent were heard at the admission stage. This revision is filed challenging the award in O.P(ele) 9 of 2004 passed by Additional

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District Judge, Thodupuzha for drawing KattappanaNedumkandam 66 KV electric line through the property of respondent in Kalkoondal village of Udumpanchola Taluk. Certain improvements were cut and a compensation was awarded. Dissatisfied with the quantum, the petition was filed. Learned Additional District Judge, on the evidence, granted an enhanced compensation of Rs.2,05,005/- with interest at 7.5% from 25.7.2002, that is, the date on which improvements were cut and also interest for the original amount awarded by the Board, viz, Rs.52,930/- at 9% per annum, which should have been paid on 25.7.2008, but paid only on 31.10.2003.

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Learned counsel appearing for petitioner pointed out that enhanced compensation was granted based on the decision in Kumbhamma V. KSEB (2000(1) KLT 542) and that Full Bench decision has been modified by the Apex Court in Lavisha V.

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CRP 100 OF 2008

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K.S.E.B(2007(3) KLT 1).

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There is force in the submission. In view of the law as laid down in Lavisha's case, the award passed by District Judge based on Kumbhamma's case cannot be accepted. In such circumstances, the order dated 31.7.2006 is set aside. O.P (ele) 79 of 2004 is remanded back to Additional District Court, Thodupuzha for disposal in accordance with law, considering the law laid down by Apex Court in Lavisha's case. Parties are entitled to adduce further evidence. Additional District Court to dispose the O.P, as expeditiously as possible, at any rate, within six months from the date of receipt of a copy of this order.

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M.SASIDHARAN NAMBIAR, JUDGE

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lgk/-

K.S.E.Board v. Sunilkumar

Case brief

What is this about?

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K.S.E.Board v. Sunilkumar

Case brief

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