High Court dismissed a Civil Revision Petition against a compensation award of Rs.2,15,866.89. The Court held no interference as the lower court correctly relied on a Commissioner's report fixing rubber value. Respondent adduced no evidence on remand.
Revision Petition dismissed; compensation award of RS.2,15,866.89 affirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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.
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/-
2 issues framed by the court
Whether a compensation award passed by a lower civil court awarding Rs.2,15,866.89 in acquisition/oppression proceedings calls for interference in revision proceedings.
Whether the lower court erred in fixing the value of rubber trees at Rs.51.25 per kg based on Commissioner's report in the absence of documentary evidence from the respondent.
Sri. Choyikandi Kelappan
Kerala State Electricity Board
M.N. Krishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
