Dismissed

K.S.E.Board v. Valiaveettil Majeed

Kerala HC29 Jan 2008CRP/2229/2002

Case brief

AI extract

What is this about?

Kerala State Electricity Board challenged an order ordering compensation for damage caused by cutting trees and land diminution for H.T. line construction. The High Court held there were no grounds for interference and dismissed the revision petition, noting the delay did not require condonation.

What did the court decide?

The Civil Revision Petition and accompanying C.M.P. were dismissed.

K.S.E.Board Vs Valiaveettil Majeed — Writ and Judicial Review | 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 K.T.SANKARAN

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TUESDAY, THE 29TH JANUARY 2008 / 9TH MAGHA 1929

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CRP.No. 2229 of 2002

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

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( OP.672/1999 of ADDL. DISTRICT COURT, THALASSERY )

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REVN. PETITIONER/RESPONDENT:

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K.S.E.BOARD, REP. BY SECRETARY, K.S.E.B., VAIDHUTHI BHAVAN, THIRUVANANTHAPURAM.

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BY ADV. SHRI C.K. KARUNAKARAN, SC, KSEB. ADV. SRI.C.C.THOMAS, SC, K.S.E.B ADV. SRI.PULIKOOL ABUBACKER, SC, KSEB

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RESPONDENTS/PETITIONERS:

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VALIAVEETTIL MAJEED, AGED 45 YEARS, BUSINESS, CHITTAMVEETTIL HOUSE, PATTIAM AMSOM, MUTHIYANGA DESOM, THALASSERY TALUK.

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MARAVAN SUHARA,

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W/O. MAJEED, -DO- -DO-.

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THIS CIVIL REVISION PETITION HAVING COME UP FOR ORDERS ON 29/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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C.R.P.NO. 2229 OF 2002

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ORDER ON C.M.P.NO. 5508 OF 2002 IN C.R.P.NO. 2229 OF 2002

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DISMISSED.

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29.01.2008

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SD/- K.T. SANKARAN, JUDGE.

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/TRUE COPY/

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P.A. TO JUDGE.

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K.T. SANKARAN, J.

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C.R.P. No. 2229 OF 2002

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Dated this the 29^th January, 2008

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O R D E R

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The Kerala State Electricity Board challenges the order in O.P.No. 672 of 1999 on the file of the court of the Addl. District Judge, Thalassery. By the order impugned, the court below granted additional compensation of Rs. 28,717/- with 8% interest.

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For the purpose of drawing high tension electric line through the property of the respondents herein, trees were cut and removed. Contending that the compensation awarded by the Board was less, the respondents filed O.P.No. 672 of 1999 before the court below.

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The court below accepted the age and yield of the fruit bearing trees as assessed by the Board . On perusal of the files, the court below noticed that the Deputy Chief Engineer reduced the amount assessed by the Deputy Tahsildar without assigning any reason. It was held that the petitioner is entitled to get the amount as calculated by the Deputy Tahsildar. As regards the market value of the property, the respondents contended that the at the time of cutting of the trees, the value of land was Rs. 10,000/- per cent. The court below fixed the market value of the land at Rs.1500/- per cent, though the Commissioner had fixed the value of the land at Rs.8000/- per cent. Taking Rs.1500/- as value of the land per cent, diminution of land value was granted at Rs.300/- per cent. It cannot be said that the amount awarded by the court below is on the higher side. The value of the land as assessed by the court below is much below the market value of the property.

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C.R.P. No. 2229 OF 2002

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I do not think that there is any ground for interference. Therefore the delay of 456 days in filing the Civil Revision Petition need not be condoned. C.M.P.No. 5507 of 2002 is accordingly dismissed. Consequently, the Revision Petition is also dismissed.

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K.T. SANKARAN, JUDGE.

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C.R.P. No. 2229 OF 2002

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K.T. SANKARAN, J.

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C.R.P. No. 2229 OF 2002

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Dated this the 29^th January, 2008

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O R D E R

K.S.E.Board v. Valiaveettil Majeed

Case brief

What is this about?

What did the court decide?

K.S.E.Board v. Valiaveettil Majeed

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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